Using a Brand Name Without Registering It: Is it Legal?

Can I use a brand name without registering it?
Your third question: yes, you can sell under any name without having the need to register it. Registration protects your brand name from possible thefts and misuse of your creatives, contents and other intellectual property associated with it.

Selecting a brand name to represent your goods or services is one of the most crucial steps in launching a business. However, a lot of business owners ponder whether doing so is necessary in order to use the brand name legally. To put it simply, using a brand name does not require registration, but doing so is advised for a number of reasons.

First off, if a brand name is used without being registered, it is unprotected and anyone can use it for their own ends. This can cause clients to get perplexed and damage your company’s reputation. You can only use a brand name in connection with your goods or services if you register it as a trademark, and anyone who does so infringes on your rights will be subject to legal action.

Additionally, trademark registration can increase the worth of your company by increasing its appeal to investors and possible buyers. A registered trademark can raise the perceived worth of your goods or services and is a valuable asset that can be licensed or sold.

On the other hand, there may be repercussions if a trademark is not registered. You may need to rebrand your company if another company registers a trademark for the same or a similar brand name as a way to stop you from using it in the future. This can be time- and money-consuming, and it can harm the reputation of your brand.

The Nike swoosh logo, which is registered as a trademark in numerous nations worldwide, is an illustration of a trademark. Nike owns the only right to use the emblem in connection with their products, and anyone found trying to counterfeit or imitate it will face legal repercussions.

You should keep an eye out for any unlawful uses of your brand name or emblem in the marketplace to safeguard your trademark. Additionally, you have the option of suing violators or issuing them a notice of cease and desistment.

The price of copyrighting a logo will vary depending on a number of variables, including the complexity of the design and the nation where you want to register it. A trademark application in the United States can take several months to process and costs between $250 and $400 per class of products or services.

In conclusion, it is legal to use a brand name without first registering it, but it is not advisable. By registering your brand as a trademark, you may protect it from unauthorized use, increase the value of your company, and avoid future expensive rebranding. A competent attorney should be consulted if you require help with trademark registration or protection.

FAQ
Who does a trademark protect?

By granting them the sole right to use a brand name or emblem and forbidding others from doing so without authorization, a trademark safeguards its owner.