Any firm that wants to set itself apart from its rivals and differentiate its goods and services must have a trademark. A trademark, which is used to indicate the source of products or services, can be a logo, a symbol, a name, or a combination of these. A trademark may only be utilized in connection with the owner’s goods or services. However, the topic of whether one can use TM without registering a trademark might come up.
Yes, it is possible to use TM without filing a trademark application. When the symbol TM is used, it means that the user is asserting ownership of the trademark and using it to distinguish their products or services from those of others. To use TM, you do not need to have a registered trademark. To obtain legal protection over a trademark, it is advised to register it.
The person who first uses an unregistered trademark in commerce has the right to assert ownership over it in terms of trademark ownership. Common law trademark rights cover this. Common law trademark rights are not as powerful as registered trademark rights and are restricted to the geographic area in which the trademark is used. It is therefore advised to register the trademark in order to get national protection.
If a person or organization intends to use the trademark in commerce in connection with their goods or services, they are eligible to file for a trademark. On the website of the United States Patent and Trademark Office (USPTO), a trademark application can be submitted online. The applicant must identify the class of products or services and include in the application a description of the goods or services connected to the trademark.
A trademark owner may grant authorization to another entity to use their brand by using the symbol TM 48. A licensing agreement is another name for it. Both parties gain from the usage of TM 48 because it gives the licensee permission to use the trademark without violating the rights of the trademark owner and because it earns more money for the trademark owner.
The legal protection provided to those who create intellectual property is known as intellectual property rights (IPR). Trade secrets, patents, copyrights, and trademarks are all examples of intellectual property. As it gives the owner the sole right to use, sell, or license their intellectual property, IPR is crucial for the protection of intellectual property.
In conclusion, even though it is allowed to use a trademark without registering it, it is advised to do so in order to gain legal protection for it. However, common law trademark rights are restricted to the region in which the brand is used. The person who uses a trademark for the first time in commerce has the right to claim ownership over it. A trademark application may be made by any person or organization, and the trademark symbol TM 48 is used to denote that the trademark owner has granted permission for another organization to use their brand. The legal protection provided to those who create intellectual property, including trademarks, is referred to as intellectual property rights.