Why And How To Search For Common Law Trademark Rights

As vital as it is to search trademark registries for potentially conflicting trademark registrations, searching for unregistered rights can be equally important. Leslie Meritt explains the importance of including common law trademark rights in your search strategy and how to access the databases directly from Questel's clearance platforms, Markify Comprehensive Search and Markify ProSearch".

Common law trademark rights arise from the use of an unregistered trademark, meaning that they do not require registration at the patent and trademark office. While common law trademark rights remain active as long as the unregistered mark is in use, they are limited to and enforceable only in the geographic area in which the trademark is used.