What Happens If Your Trademark is Not Registered?

What 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.
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A trademark is a crucial part of any business. They stand in for the brand and set a company’s goods and services apart from rivals. Although trademark registration is not required, it is strongly advised. A brand is left unprotected and open to infringement if a trademark is not registered. This article will explain the consequences of not registering your trademark and address any associated queries. Is TM Usable Without Registering?

Yes, you can use TM without filing a trademark application. The TM symbol does not confer any legal protection, but it does show that you are asserting ownership of the trademark. In essence, it serves as a public announcement that you are utilizing that mark as a trademark. However, utilizing the TM symbol does not grant you sole ownership of that mark. As a result, trademark registration is advised if you want to benefit from legal protection. Who Is the Owner of an Unregistered Mark?

An unregistered trademark is owned by the individual or company that first used it for commercial purposes. For unregistered trademarks, the “first to use” rule of common law is applicable. This indicates that the right to use a mark in a certain geographic area belongs to the person or company who first uses it in commerce. This right, however, has several restrictions and does not offer universal protection. Does “TM” Stand for “Unregistered Trademark”?

Yes, the TM symbol denotes an unregistered trademark. It serves as a reminder that even if the mark is being used as a trademark, the United States Patent and Trademark Office (USPTO) has not yet received a copy of it. Although it cannot ensure legal protection, the usage of the TM emblem can serve to discourage possible infringers.

Is Your Trademark Vulnerable?

Yes, if your trademark is not registered, someone could steal it. You might not have the legal authority to prevent someone from using a mark that is confusingly similar if your trademark is not registered. This can cause muddle in the industry and dilute your brand. You acquire the sole right to use your trademark in connection with your products or services when you register it. By doing this, you can prevent trademark infringement and brand dilution and deter infringers from utilizing identical marks.

In conclusion, trademark registration is strongly advised even though it is not required. Your brand is left unprotected and open to infringement if your trademark is not registered. It is not legally protected to use the TM symbol, and the owner of an unregistered trademark has few legal rights. By registering your trademark, you are granted the sole right to use it and can prevent others from using it or diluting your brand.

FAQ
Subsequently, can i trademark a name that already exists?

Generally speaking, you cannot trademark a name that is already in use in the same market or industry as your company. This is so because trademark law is intended to prevent customer confusion, and permitting two companies in the same industry to use the same name would probably lead to confusion. However, there are numerous complexities and exceptions to this rule, so it’s crucial to speak with a trademark lawyer to figure out the best course of action for your particular circumstance.