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common law trademark

Comparative law notes

inasmuch as one acquires common law trademark rights simply by regularly using a trademark in one's business, the two terms are very similar. However, since it would more than a little odd to call a Benutzungsmarke a common law trademark in a civil law system, we suggest using one of the two neologisms below, perhaps initially with a parenthetical like: "(functionally equivalent to a common law trademark)".