Can you claim a trademark without registering?
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 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.
Can you sue a registered trademark?
A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.
Is there any remedy available for infringement of unregistered trademark?
The court in the cases of trademark infringement grant relief in any suit whether it is infringement or passing off (unregistered trademark), it includes interim injunction and permanent injunction, and either damages or an account of profit in the cases of infringement of registered trademark or unregistered trademark …
Who owns an unregistered trademark?
An unregistered trademark is a mark that has not been registered at the U.S. Patent and Trademark Office (or at any of the state trademark offices). Owners of unregistered trademarks nevertheless have legal rights within the geographic areas in which they operate.
What words Cannot be registered as a trademark?
Words which are completely descriptive will not be registered as trademarks. For instance, apple for fruit or chocolate for confectionery. Anything likely to cause confusion or deception in the marketplace will also be rejected as a trademark.
What Cannot be used as trademark?
A brand name which consists of the word which is commonly used in day to day life to identify the product cannot be trademarked. It may include kind, quality, quantity, values, geographical origin, and its characteristics. Following are some examples which cannot be trademarked.
What is the difference between a registered and 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.
Can you fight a trademark?
How can I challenge a trademark registration or application? … You may challenge a trademark registration issued by the USPTO by filing a petition to cancel the registration with the Trademark Trial & Appeal Board (TTAB).
How much does a trademark lawsuit cost?
Typically, lawyers who handle trademark cases charge $250 per hour or more (especially in larger metropolitan areas). Full-blown trademark litigation can easily cost over $20,000, and that number can increase depending on the location of the litigation and the possibility of appeal.
Can a trademark be taken away?
The Loss of Trademark Rights
You can lose a trademark in a variety of ways. You can lose a mark through abandonment. A mark will be considered abandoned if you stop using it for three consecutive years and you have no intent to resume its use. You can also lose a mark through improper licensing or improper assignment.