Geographic use of common law trademarks and Google Maps

The concept of common law trademarks refers to the rights acquired through the actual use of a mark in commerce, rather than through the formal registration process with a government agency. These rights are typically limited to the geographic area where the mark is being used and has established a reputation. One platform that has become particularly relevant in this context is Google Maps, a widely used online mapping service that not only provides geographic information but also serves as a powerful tool for businesses to establish their online presence and reach potential customers.

How is the US trademark system different and how can a foreign applicant protect their name?

Filing trademarks in the United States as a foreign entity can present several concerns and pitfalls that differ from domestic trademark systems. The U.S. trademark system shares some similarities with other countries' systems, but also has distinct differences. We highlight the differences and also discuss the Madrid Protocol which can provide a streamlines way of filing in the US.

Protecting a Common Law Trademark in the US as a Free Trademark

In the world of intellectual property, trademarks play a crucial role in distinguishing the goods and services of one business from another. While registering a trademark with the United States Patent and Trademark Office (USPTO) provides significant advantages, many businesses, especially small entrepreneurs and startups, may find the costs associated with federal registration prohibitive. Fortunately, there is a way to establish and protect a common law trademark without incurring substantial expenses – and that's through free trademark protection

Can I trademark a name already in use but not trademarked?

Using a name in commerce can establish "common law" trademark rights, even if the mark has not been officially registered with a government agency like the United States Patent and Trademark Office (USPTO). These rights are generally limited to the geographic area where the mark is actually used. To find these you can search in Google, Google Maps and Amazon (and other platforms). Therefore, if someone is already using a name in business, they may have common law rights to the name in their local area or region.