ABA Family Legal Guide

Forming and Operating a Small Business

Intellectual Property

Trademarks

How are trademarks protected?

Common-law protection of a trademark occurs automatically as soon as you begin to use your mark--such as on signs, your letterhead, your products, or your ads. Common-law protection of a mark simply means that the first entity using a particular name or slogan has a certain right to the use of that name. If you are just starting your business, or if your business is local and will likely remain local, you may find that common-law protection of your trademark or service mark is sufficient.