Does common law trademark protection exist?

Yes, common law trademark protection does exist in Florida. Common law trademarks, also known as unregistered trademarks, are those that are created through usage in the marketplace, without having been registered with the USPTO. These trademarks protect a company’s right to use the mark exclusively for its goods and services. A business in Florida with an unregistered trademark can still rely on its common law trademark protection. This protection grants the company the exclusive right to use the mark within its geographic area of business. The geographic area is usually determined by the reach of the business’s services, products, and advertising. However, common law trademark protection is limited in scope and duration compared to federally registered trademarks. Without registration, a Florida business cannot sue for trademark infringement in state or federal court. Additionally, its geographic area of exclusivity may be limited to the area where the business operates and it may be harder to prove its trademark claim to others. Registered trademarks in Florida are best for businesses that desire maximum protection for their mark and a wide geographic area of coverage.

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Does common law trademark protection exist?

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