Which scenario invokes common law trademark rights?

Common law trademark rights are established through the actual use of a trademark in commerce rather than through registration. In the scenario where a mark is continuously used in commerce before any registration, the owner of the mark develops rights based on that use alone. This means that the mere act of using the mark in connection with goods or services grants protection under common law, even in the absence of formal registration with a trademark office.

This protection is geographically limited to the areas where the mark is used and recognized, which differentiates it from federally registered marks that carry broader protection. The rights ownership granted by common law is based on the principle that first use in commerce establishes priority and trademark rights, allowing the user to prevent others from using a confusingly similar mark in a way that could cause consumer confusion.

In contrast, the other scenarios involve either registered marks, international recognition, or marks with pending status, which pertain to different aspects of trademark law that do not relate to the establishment of common law rights.