Can I use an unregistered trademark?
You can claim trademark rights in your unregistered trademark as long as it is distinctive and identifies or distinguishes your products or services. A trade name for your business is not the same as an unregistered trademark and is not given the same protections under federal trademark law.
What is the difference between registering or not registering a trademark?
Trademark symbol differences:
Registered trademark defines that the symbol has R with the circle around it. And if your trademark is not registered then you use the TM symbol.
What happens if your 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.
Does a trademark need to be registered?
You are not required to register your trademark, but where or whether you decide to register your trademark can determine the scope of your rights. Specifically, you can rely on common law rights or file for state, federal, or international trademark registration.
What trademark can be registered and what Cannot be registered?
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.
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.
Which trademark can be registered?
One can have a trademark on letters, abbreviations, or a combination which are used for business and which are able to distinguish the goods or services offered by one person from another’s. For example “555”, “777”, “IBM”, “BMW”.
What is effect of registration of trademark?
Effect of Registration
The registration of a trademark shall if valid give the exclusive right to the registered proprietor to the use of trademarks in respect of goods and services of which the trademark is registered, and also to obtain relief in respect of the infringement of the trademark.