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Definition:

Common law rights are property or other legal rights that do not absolutely require formal registration in order to enforce them.

A common law search means searching for trademarks that are not federally registered. It may involve checking phone directories, yellow pages, industrial directories, state trademark registers, among others, in an effort to determine if a particular mark is used by others when they have not filed for a federal trademark registration.

A common law search is not necessary but some find it beneficial. Telephone numbers for search firms that perform these searches for a fee can be found in the yellow pages of local phone directories and through an Internet search.

Also Known As:

• Common Law Rights
• Common Law Search

Examples: According to Bitlaw, common law trademark rights are limited to the geographic area in which the mark is used. Thus, if a coffee blend is sold under the name BLASTER in California only, the trademark rights to that name exist only in California.

According to Cornell University, Under state common law, trademarks are protected as part of the law of unfair competition.

According to Lloyd Rich, Federal law, known as the Lanham Act, protects marks registered with the U.S. government while state and common law that differ from state-to-state protect state registered and unregistered (common law) trademarks.

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