Can I register a trademark without a company?
There’s no legal requirement for you to register a trademark. Using a business name can give you ‘common law’ rights, even without formally registering it.
Is registration necessary for trademark?
The trademark registration process in India is required if a company or individual intends to protect their logo from the misuse by the third party. Trademark registration would provide a legal right to initiate an action against the third party in case of infringement of trademark.
Can a person register a trademark?
The trademark must be applied for under the actual owner’s name. … The owner of the trademark is the person who controls the nature and the quality of the goods sold or the services rendered under the trademark. The owner can be an individual.
Can you register a trademark without a company USA?
I’m trademark attorney Josh Gerben, and I would like to talk about: Can you file a US trademark application even if you are not currently located in the United States? The answer is yes. Anybody, anywhere in the world can file a US trademark application.
What happens if a trademark is not registered?
An “unregistered trademark” is one which does not possess legal benefits. But in some cases, an unregistered trademark may get common law benefits. … Thus, owner of an unregistered trademark may be able to prevent use by another party of an infringing mark pursuant to the common law tort of passing off.
What happens if you don’t register 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.
Can you sue for trademark infringement without registration?
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. … Indeed, federal law allows for a trademark infringement claim even without registration (15 U.S.C. § 1125(a)).
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.
How long does trademark last?
How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.
How do you prove ownership of a trademark?
Proof of ownership in a trademark can be provided by a certificate of federal registration. It acts as a prima facie evidence of ownership of a mark.