rcjordan - 2:08 pm on Jan 26, 2001 (gmt 0)

I've never heard of a common-law trademark, doesn't mean it isn't out there, though.

>I don't see how

This is the most dangerous phrase in trademarks. Trademarks are not about logic or fairness -trademarks are turf wars, plain and simple. You can be blind-sided at any given point before, during, or after the process. I've sold one domain to a chemical company that holds trademarks on the name "Albemarle" (also one of England's Lord Proprietors), Albemarle is a widely-used geographic name in the Carolinas, dozens and dozens of small businesses use it in their name, assuming that it can't possibly be trademarked since its the name we call the entire region. Wrong!

The single-most important factor is money, as in how much money are you willing to spend to defend your mark or challenge one you feel is competitive.

The searches of other states and other countries (remember, the web exposes you to international challenges now -I've mainly referencing US trademarks) is part of what you pay for. Searching on websites, the .gov included, will give you only a fraction of the information.