Can you have a trademark without registering it?
A trademark is a recognizable sign, mark, or expression that serves as a source signifier. Under federal law, you are not required to register your trademark to obtain formal legal protection—meaning you can still sue for infringement even without registration.
Can an individual own a trademark?
A trademark owner can include but is not limited to individuals, partnerships, corporations, limited liability companies, sole proprietorships, trusts, estates etc. … As the trademark owner, you must ensure that you control use of the mark and specifically control the quality of the goods or services.
What Cannot be registered as a trademark?
Section 13 and 14 of the Act provides that trademarks containing specific names cannot be registered. Trademarks which have a word that is commonly used of any single chemical element or chemical compound in relation to a chemical substance or preparation cannot be registered.
What happens if you don’t have a trademark?
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.
Is it easy to get a trademark?
Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer’s help. The simplest way to register is on the U.S. Patent and Trademark Office’s Web site, www.uspto.gov.
Should I or my business own the trademark?
Since it applies the mark to the goods or uses it in advertising, it (not its owners!) is the correct owner. Owning the mark allows it to license or assign the mark, recognize the value in the mark for accounting purposes, use the mark as a security interest, or enforce the mark against infringers.
Should I get a trademark or LLC first?
In many cases, a business will want to start the trademark application as soon as their LLC or corporation paperwork is filed. By filing for a trademark prior to launch, you can be sure that your name is protected once you begin commercial sales. However, there may be an even stronger reason to apply early.
What qualifies for a trademark?
Two basic requirements must be met for a mark to be eligible for trademark protection: it must be in use in commerce and it must be distinctive. The first requirement, that a mark be used in commerce, arises because trademark law is constitutionally grounded in the congressional power to regulate interstate commerce.
Can you use trademark word?
A word is a trademark if that word identifies a brand, regardless of whether the word itself is registered. However, unregistered trademarks with the USPTO are only trademarked within the company’s geographical area. … Use the trademark symbol (TM) for a trademark that isn’t registered with the USPTO.
Can unregistered trademark be protected from passing off?
Passing off is a common law tort, which can be used to enforce unregistered trademark rights. The law of passing off prevents one person from misrepresenting his goods or services as that of another… Passing off is a common law tort, which can be used to enforce unregistered trademark rights.