Common Law Rights

Term: Common Law Rights

Definition: Trademark rights that are established when a trademark is used in commerce in connection with specific goods and services. The “common law rights” are often limited to the geographic area of the use and possibly a foreseeable zone of expansion.  These rights are determined by States as opposed to federal statutes.




Klemchuk PLLC is a leading IP law firm based in Dallas, Texas, focusing on litigation, anti-counterfeiting, trademarks, patents, and business law. Our experienced attorneys assist clients in safeguarding innovation and expanding market share through strategic investments in intellectual property.

This article is provided for informational purposes only and does not constitute legal advice.

Lindsey Leist