Does common law trademark protection exist?

Yes, common law trademark protection does exist in California. A common law trademark is a trademark that is established through use and recognition of a product or service in the marketplace, without being registered with the state or federal government. This can include a company’s name, logo, slogan, phrase, design, or any combination thereof. Under California common law trademark protection, a trademark is considered to be established when it is used in such a way that the public associates the product or service with a certain source. Common law protection for trademarks is not absolute and does not prevent competitors from using similar marks, provided the marks do not cause confusion in the marketplace. Common law trademark protection can be beneficial for businesses by giving them exclusive rights to use the marks they have established, as well as allowing them to prevent others from using confusingly similar marks. It can also provide protection against businesses seeking to register similar marks as federally registered trademarks. Overall, California common law trademark protection is an important principle of trademark law that helps businesses reap exclusive rights to their marks, while also preventing competitors from taking advantage of their established marks.

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Does common law trademark protection exist?

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