most cases, when one hears the term Common-Law, it is in relation to the marriage. The little talked about, the definition of Common-Law has to do with the brands.

First, let's start with the USPTO Definition:

"" Common Law rights under actual use of a trademark. In general, the first to either a trademark in commerce or file an intent to use with the Patent and Trademark Office has the ultimate right to use and registration. "

The above sentence really needs an added restriction: Yes, you can use as a "first line" file if you intend to use trademark application on condition that there are no other parties who can claim prior trademarks or common - Law usage.

Also, common law rights are limited to the geographic area in which the mark is used.

Let's look at an example to illustrate this point:

In 2003, you a web design company called Golden fog and Design are based in the Bay Area in California. Their customers, the residents of the Bay Area severe. This is where your common law rights, even if your web site advertises that your services will be worldwide.

Yesterday, a company called GoldenFog launch its web-site web design, advertising their services. They are based in New York, NY, and have business with that name since 2005. The company also filed for an intent to use the mark with a U.S. Patent & Trademark Office.

How does this work out? Well, of course, every situation is different from the next, and I'm fairly rudimentary examples of a point. So yadda yadda yadda, if this happens to you, advise.

That being said, here is how they would normally work out:

You still have your common law rights in the Bay Area in California, because you know in business the longest. NY The company had common law rights to their city because they have it there the longest. Now, the USPTO would likely give them the brand since the USPTO is blissfully aware of your use of the mark, unless you are against the application.

But even they do not necessarily negate the Federal Republic brand. You can go to the New York-based company for the registration of trademarks by the Federal Office for advertising and maintenance of the Bay Area in California.

Even if you are in this boat, contact a brand or a Trade Mark Attorney. Each situation is specific and details must be hashed out.

Shannon Moore is the General Manager for Trademark Express. Since 1992, Marks-Express has the needs of its clients with comprehensive research, application preparation, Referrals and trademark attorney consultation. For further information, please visit our website at Trademark Express or call Shannon directly at 800.340.2010.