Trademark and Copyright are two of the common law rights that are automatically granted to us under certain conditions. For trademarks, the mark must be used in commerce on goods or services. For copyright, the artwork must be affixed to a tangible medium. Having satisfied these basic conditions, you will automatically be granted common law rights. However, it is often hard to prove it in courts. Even if we could prove our case in court, the cost can be very expensive.
There are two common reasons why businesses fail to registered their trademark. One, they often believed that their business name or “trade name” registration is equivalent to a trademark registration. Two, the cost associated with the registration is often unaffordable or unreasonable.
We honestly believed that most businesses would registered their trademarks if only they knew that a business name or “trade name” registration is not a substitute for a trademark registration and if the service fees are both affordable and reasonable.
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