Does common law trademark protection exist?

Yes, common law trademark protection does exist in Indiana. Common law trademark protection is based on an individual’s rights acquired by continued use of an identifiable mark. This protection does not come from registration of a mark with the government, like with federally registered trademarks, but from the exclusive use of a mark in a certain area. In Indiana, common law trademark protection is supported by the state’s Recognition and Protection of Trademarks law. This law provides individuals who use a trademark, logo, or service mark with some protection against unauthorized use in the state of Indiana. Common law trademark protection does not offer the same level of protection as federal trademark registration, but it makes it easier to enforce trademark rights against those who infringe upon them. If an individual has a mark that is distinctive, then they can enforce their rights in Indiana. This protection covers the use of the mark in advertising, sale of goods, and service. It does not, however, provide protection to the owner’s exclusive right to use their mark throughout the entire United States. Therefore, if an individual wishes to have nationwide protection, they should apply for a federal trademark registration.

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Does common law trademark protection exist?

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