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.15 Oct 2021
What if trademark is not registered?
If you do not register your trademark, you will have legal rights only within the geographic areas where you operate. This means you may be able to stop a subsequent user of the mark, even if it is a bigger company, from using the mark in your geographic area only.15 Oct 2021
Do unregistered trademarks expire?
With common law trademarks, abandonment is presumed after three consecutive years of non-use of the mark or if the mark becomes generic. Because common law marks are not registered, non-use is the primary basis for presuming abandonment.
Why use an unregistered trademark?
There are instances where unregistered trademarks provide relevant protection. For example, if a particular mark is not registrable under the Trademarks Act, common law trademark rights may still be a useful tool providing the mark with some albeit limited protection.19 Nov 2021
Can I use trademark without registration?
If you do not register your trademark, you will have legal rights only within the geographic areas where you operate. Although the range of protection is limited to the region where you use your unregistered trademark, you can protect an unregistered but valid trademark from infringement and dilution under common law.15 Oct 2021
Who owns an unregistered trademark?
An unregistered trademark is a mark that has not been registered at the U.S. Patent and Trademark Office (or at any of the state trademark offices). Owners of unregistered trademarks nevertheless have legal rights within the geographic areas in which they operate.
What is the purpose of unregistered trademark?
Unregistered trademark has protection in a limited or specific area where it has gained reputation. The registered trademark owner can use the 'TM' symbol upon application for registration and the 'R' symbol upon its registration, signifying its registration under the Act.30 Aug 2021
Can you use an unregistered trademark?
Owners must properly use the registered trademark. Unregistered trademark rights may only be conferred to the owner after use over a period of time and once the mark has become gained sufficient goodwill or reputation.19 Nov 2021