What is a unregistered trademark [Expert Approved]



Last updated : Sept 21, 2022
Written by : Janell Landruth
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What is a unregistered trademark

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 do you mean by unregistered trademark?

An unregistered trademark is a trademark which is not registered under the Trade Marks Act 1999 and does not have safeguards against infringement. The proprietor of an unregistered trademark does not have the right to use ® symbol.

What is the difference between a registered and unregistered trademark?

Difference Between Registered and Unregistered Trademark The fundamental difference between the two is regarding securities of trademarks and unregistered trademarks. A registered trademark is protected under the Trademarks Act while an unregistered trademark can claim its property under common law.

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.

What rights do unregistered trademarks have?

Thus, owner of an unregistered trademark may be able to prevent use by another party of an infringing mark pursuant to the common law of passing off. The owner or proprietor of such unregistered mark does not possess a right to sue for infringement under S. 27 of Trademark Act, 1999.

What protection does an unregistered trademark have?

For unregistered marks, there is no legal presumption of ownership and exclusive right to use. Protection is limited to the geographical area in which the mark is used.

What is unregistered trademark India?

When a symbol, sign, or word is used by the owner but not registered as per the provisions of the Trademark Act, 1999 then such a mark is called an unregistered trademark. 2. Protection under. Protection of registered trademarks is provided under Trademark Act, 1999.

What is a trademark registration?

having a registered trademark. You become a trademark owner as soon as you start using your trademark with your goods or services. You establish rights in your trademark by using it, but those rights are limited, and they only apply to the geographic area in which you're providing your goods or services.

What is the difference between a trademark and a registered trademark?

First, many countries recognize two different types of markings that denote trademark status: ® and ™. The "®" indicates that a trademark has been registered with a country's trademark office, and the "™" means that the user is claiming rights to the brand without registering the mark.

Is it worth registering a trademark?

Securing a registered trademark protects your brand, and provides you with the tools to prevent someone using similar signs and riding off the back of your business. If you do not protect your trademark by registering it, then you may find you are legally prevented from expanding your business.

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

Can I use TM on my logo?

You can claim a trademark on anything by using the TM Symbol, but you can't use the registered trademark symbol (R) unless you have registered the trademark with the US Patent and Trademark Office.

Which is better copyright or trademark?

Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.

What does C mean on logos?

Copyright: ©. When you write a "C" with a circle around the letter, or use the word "copyright," you are giving notice to the public that the work is copyrighted and that you are the owner of the work.

Can you make money off a trademark?

But registering a trademark isn't just an opportunity for entrepreneurs to preserve all of their hard work from getting used by another company – it's another way to make money too. Some trademarks are worth billions. Google's trademark value totals a whopping $44.3 billion. Microsoft's comes in at $42.8 billion.

How much is a trademark worth?

Trademarks can have no value, or can be very valuable indeed – it all depends on the business associated with the mark!

Should I get a trademark or LLC first?

4. Should you get an LLC first or trademark? Yes, you should get an LLC first before a trademark because the trademark application will need to identify the LLC as the trademark owner. You should create an LLC or business entity before you file a trademark application.

What are the three types of trademarks?

What you'll learn: Arbitrary and Fanciful Trademarks. Suggestive Trademarks. Descriptive Trademarks.

Can you lose a trademark if you don't protect it?

If you don't enforce your trademark, you risk losing reputation, business, sales, customers, and more to the infringer. There's also a concept in trademark law called abandonment. Generally, if you don't use your mark for three years or more, it's considered abandoned.

What happens if you don't renew your trademark?

Registering your trademark ensures you maintain exclusive rights to the mark. If you don't renew on time, you lose your rights. Your competitor would be within their full legal right to come in and claim ownership.


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What is a unregistered trademark


Comment by Earlene Mergel

Thanks for this great article


Thanks for your comment Earlene Mergel, have a nice day.
- Janell Landruth, Staff Member


Comment by Christiana

Jeff is a business coach he came up with the name logo and many memorable visuals for his business I don't get it I just don't get it hello trademark factory here how come some brands have a TM symbol next to them and some have an R in a circle symbol what's the difference which one should I use once you've decided to use a particular brand for your business start putting the TM symbol next to it oh that's simple what the TM symbol says to the public is that you're using this logo name or tagline as your trademark in fact this means that you yourself think that it is your trademark well I certainly think that it actually has an added advantage because a lot of people don't know trademark laws and think there is something more required from a business owner before they can place the TM sign next to their trademark customers may take you more seriously even though all you had to do was insert an extra character in all of your branding and marketing materials do you mean I can just place it next to my names and logos just like that yes and I don't need you to do anything for me nope you can do it yourself and I don't need to pay anything to anybody to do it nope just go ahead and do it then what does the R and a circle mean this means that the trademark is registered while the TM sign means that you yourself think that it is your trademark the are in the circle sign means that you yourself think that it is your trademark and the government agrees well my trademarks are not registered can I still use the AR and circle symbol no you may run into a lot of trouble if you do especially in the United States thank you you


Thanks Christiana your participation is very much appreciated
- Janell Landruth


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