Does common law trademark protection exist?

Yes, common law trademark protection does exist. In Massachusetts, a trademark is a type of intellectual property that is owned by an individual or business and identifies the source of products or services. Common law trademark protection is reserved for those trademarks that are not registered with the state or federal government. Common law trademark protection means that the owner of the trademark has the exclusive right to use it in the geographic area in which it is used. When a company or individual uses a trademark in Massachusetts, they gain common law protection. This allows them to take legal action against those who use their trademark without authorization in that same area. Common law trademark protectio n also gives a company or individual the right to prevent others from using their trademark when it could cause confusion or dilute its value. Common law trademark protection exists even without a registered trademark, meaning that owners don’t have to register their trademark in order to have protection. However, registering the trademark with the state or federal government will provide additional protection and allows the trademark owner to take action against infringers outside of the geographic area.

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Does common law trademark protection exist?

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