What Is Common law trademark? Domain Glossary

Why it matters

Registration is not required to have a claim. A business with long use and a known name can sometimes rely on common law rights in a UDRP, but it must show that the name is known as a source of its goods. Descriptive terms face a higher bar. A common mistake is buying a name that matches a local brand and assuming no registration means no risk. Search the market and common law use, not only the USPTO.

Source: uspto.gov

Related terms

Trademark: A trademark is a word, phrase, symbol, or design that identifies the source of goods or services. It can be registered or based on use, and it can limit how others use similar domain names.
USPTO: The United States Patent and Trademark Office, the federal agency that examines and registers US trademarks. Its public trademark search tool is a first check for brand conflicts.
UDRP: The Uniform Domain-Name Dispute-Resolution Policy, ICANN's rules for resolving trademark-based complaints about domains. A complainant must show three elements, and the usual remedy is transfer or cancellation.
Confusingly similar: Confusingly similar is the first test in a UDRP complaint. It asks whether the domain name is close enough to a trademark that the mark is recognizable in it.
Bad faith: The legal standard under the UDRP for abusive domain behavior. A complainant must show a domain was both registered and used in bad faith, such as targeting a trademark to profit or to harm.

All 205 terms

Why it matters

Buying or selling a domain?