---
title: "What Is Common law trademark? Domain Glossary | Grit Brokerage"
description: "A common law trademark is a right that comes from actually using a name in commerce, without a government registration. The right is limited to the area..."
url: https://gritbrokerage.preview.multisites.ai/glossary/common-law-trademark
publisher: Grit Brokerage
contact: https://gritbrokerage.preview.multisites.ai/contact
offer: https://gritbrokerage.preview.multisites.ai/inquiry
---

Legal and disputes

# Common law trademark

A common law trademark is a right that comes from actually using a name in commerce, without a government registration. The right is limited to the area where the name is used.

## 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](https://www.uspto.gov/trademarks/basics/why-register-your-trademark)

[Read nextDomain Names and Trademarks: UDRP, Cybersquatting, and How to Buy Safely](https://gritbrokerage.preview.multisites.ai/guides/domain-trademark-udrp-risk)

## Buying or selling a domain?

Call, text or email. Responsiveness is our trademark, and a broker answers, not a form robot.

[Talk to a broker](https://gritbrokerage.preview.multisites.ai/contact) [Call (442) 500-GRIT](tel:+1-442-500-4748)