What is the difference between a registered and unregistered trademark?

An unregistered trademark or common law mark is essentially the same thing as a registered trademark except that the owner did not register the mark with the U.S. Patent and Trademark Office or a state trademark office.

What is the difference between an unregistered trademark and an unregistered service mark?

A ™ serves as notice to the public the words or symbols are an unregistered trademark. In contrast, trademarks granted by the United States Patent and Trademark Office (USPTO) may have the ® symbol next to the trademark.

What is the difference between registered and trademark?

What is Trademark vs. Registered? The trademark symbol (TM) is a mark that companies often use on a logo, name, phrase, word, or design that represents the business. The registered symbol (R) represents a mark that is a registered trademark with the United States Patent and Trademark Office (USPTO).

Can you use an unregistered trademark?

You can claim trademark rights in your unregistered trademark as long as it is distinctive and identifies or distinguishes your products or services. A trade name for your business is not the same as an unregistered trademark and is not given the same protections under federal trademark law.

What is the difference between registered and unregistered?

Content: Registered Vs Unregistered Trademark A registered trademark is any symbol, sign, word, etc. used as a trademark by the company and registered under the Trade Mark Act, 1999. An unregistered trademark refers to any symbol, sign, word, etc., used by the company as a trademark, but not at all registered.

What happens if trademark is not registered?

Unregistered trademarks are trademarks not registered under the Act. Unregistered trademarks can be used in relation to goods and services, but they will not possess legal benefits under the Act. However, unregistered trademarks can get protection under the common law.

Why is trademark registration important?

A trademark signifies to consumers that a product is of a certain standard and quality to the wider consumer set. Registering a trademark prevents others from using it so that consumers are not confused about the product. For example, Lux is a soap brand that in India has been marketed as a `beauty soap’.

Can I use trademark before registration?

In the U.S., a business gets common law rights to a name as soon as it is used in commerce. That means that as soon as you start selling a product or service, you can claim common law ownership of that trademark without formally registering it with the U.S. Patent and Trademark Office (USPTO).

What happens if you don’t register trademark?

When you register your trade mark, that registration protects your intellectual property rights. However, if you do not use your registered trade mark for a continuous period of three years, then that leaves your trade mark open to a third party applying to revoke your registration due to non-use.

Why use an unregistered trademark?

The biggest reason why unregistered trademarks are important is that they provide no protection in legal matters outside of local or state government. If you are using an unregistered trademark that represents your business in a small geographic location, you may be able to stop them.

Can trademark be protected without registration?

Unlike other legislation of various different countries, registration of a trademark is not mandatory in India. An unregistered trademark is also protected and has certain benefits. However, an unregistered trademark does not possess the statutory right of infringement.

Why is it necessary to register trademark?

A registered trademark establishes ownership over the brand, name or logo. It protects your brand from any unauthorized use of the third party. The registered trademark proves that the product totally belongs to you and you have exclusive rights to use, sell, and modify the brand or goods in whichever manner you want.