Common law + state trademarks (Legal Road Map® Podcast S3E72)

Common law + state trademarks (Legal Road Map® Podcast S3E72)

Author: Autumn Witt Boyd | Go-To Lawyer for Online Entrepreneurs February 4, 2019 Duration: 22:38
Legal Road Map®: copyright, trademark and business law info for online entrepreneurs
BusinessEntrepreneurship

Did you know that a federally registered trademark isn't the only form of trademark protection available?  There are actually three levels of protection in the U.S. trademark system -- common law, state law registration, and federal (USPTO) registration.

While common law or state trademarks may work for some businesses, there are some significant downsides to each.

In this week's episode you'll learn:

  1. What a common law trademark is, and the limited rights this type of trademark provides
  2. The drawbacks to relying solely on a common law trademark
  3. Which types of trademark you can use the ® and ™ symbols
  4. The benefits to filing a federal trademark registration
  5. The protections provided by a state trademark registration
  6. The downsides of relying solely on a state trademark registration

Key takeaway:  There are a few different levels of trademark protection offered on the state and federal level, as well on a common law basis. Which one is best for your business depends on multiple factors. It's a good idea to consult with a trusted legal advisor to make sure you're protected in the right ways and places for your business.

Visit www.awbfirm.com/podcast for a transcript and show notes, and sign up to get a free 5 Minute Intellectual Property Audit worksheet.  You'll learn how you can make more money from the copyrights and trademarks in your business (you can also sign up there to be the first to know when new episodes are live and receive other legal updates and special offers from the AWB Firm).

Resources

Get your free ticket NOW for the Online Course Success Summit: http://awbfirm.com/ocss/

This podcast is information, not legal advice specific to your situation.


Navigating the legal landscape of an online business often feels like deciphering a foreign language. Legal Road Map®: copyright, trademark and business law info for online entrepreneurs translates that complex language into actionable advice you can use right away. Hosted by Autumn Witt Boyd, a practicing attorney who focuses specifically on creative and digital businesses, this podcast serves as a reliable guide through the common yet confusing legal questions entrepreneurs face daily. Each episode tackles practical topics, from the essential contracts you need to protect your work and client relationships to understanding the real purpose behind website policies like terms of service and privacy notices. You’ll hear clear explanations on how copyright and trademark law applies to your original content, branding, and products, helping you secure your intellectual property without unnecessary jargon. Think of it as a regular consultation with a trusted expert, designed to demystify the law so you can make informed decisions and focus on growing your venture with greater confidence and security. Tune in for straightforward conversations that replace legal anxiety with a practical plan, making this podcast an invaluable resource for any entrepreneur building a business in the digital space.
Author: Language: English Episodes: 100

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Legal Road Map®: copyright, trademark and business law info for online entrepreneurs
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