Is it necessary to register your trademark?
No. In the United States, parties are not required to register their marks to obtain protectable rights. You can establish “common law” rights in a mark based solely on use of the mark in commerce, without a registration.
What are the benefits of registering and getting a trademark?
Top 5 Advantages of U.S. Trademark Registration
- A Federal Trademark Registration Protects Against Infringement. …
- A Federal Trademark Registration Provides Nationwide Validity. …
- A Federal Trademark Registration is a Valuable Asset. …
- Unique Trademarks Helps Customers Find You.
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 I use TM without registering?
The trademark symbol (TM) is a mark that companies often use on a logo, name, phrase, word, or design that represents the business. … The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it.
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.
What are the three types of trademark?
General Types of Trademarks
- Generic Mark.
- Suggestive Mark.
- Descriptive Mark.
- Arbitrary Mark.
- Fanciful Mark.
How long does a trademark take to get approved?
Usually, the process takes 12 to 18 months. Registering your trademark is a complex procedure that involves your application moving through various stages. Learning about each stage in the process will help you understand why getting a trademark takes as long as it does.
What is the purpose of unregistered trademark?
An unregistered trademark or common law trademark is an enforceable mark created by a business or individual to signify or distinguish a product or service. It is legally different from a registered trademark granted by statute.
Is it illegal to not register your business?
If you start a company without registering it, you will be regarded as a sole trader, even if you do not intend to be one. … You are allowed to operate a sole proprietorship without registering, but you are required to register with your local government to collect and file state taxes.
Can you put TM on anything?
You can claim a trademark on anything by using the TM Symbol, but you can’t use the registered trademark symbol (R) unless you have registered the trademark with the US Patent and Trademark Office. Here’s a link to InterNACHI’s Policy on Logo Designs for Members.
Can I use TM for my logo?
SM Symbol. … Some applicants prefer to use TM symbol for trademark applications filed under class 1-34 and SM for trademark filed under class 35-45. Using the TM symbol for all classes or using a SM mark for trademark application under class 35-45 are both acceptable.