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.
Is a trademark protected if not registered?
Unregistered trademarks still provide some degree of protection under state law. … These are sometimes referred to as “common law” trademarks, as they are protected by state-based laws concerning unfair competition. An unregistered mark can sometimes stop a subsequent federal user in the same geographic area.
Can unregistered trademarks and copyrights be protected?
The decision reflects that unregistered trademark rights can be protected through a passing-off claim where it can be established that the trademark has gained distinctiveness as a result of its continuous use over time.
Is it compulsory to register a trademark?
Registration of a trademark is not compulsory. However, the registration is the prima facie evidence of the proprietorship of the trademark under registration.
What protection does trademark give?
A trademark protects a good or service offered by a company from infringement or damage of reputation by another company. With a trademark, you have legal recourse to sue another company that uses your likeness to further their own business ventures. This includes both registered and unregistered trademarks.
Which of the following is not protected by trademark laws?
Logos, pseudonyms, and trade dress are all protected by trademark laws. However, book titles are rarely protected under trademark law because of judicial reluctance to protect titles that are used only once.
How long does trademark protection last?
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 I protect my brand name?
What’s one thing you’ve done to protect your brand legally that you think all founders should do?
- Protect Your Web Content. …
- Set up Google Alerts. …
- Use IP Protection. …
- Create a Distinctive Mark. …
- Register Your Trademark. …
- Get a Patent. …
- Create an Employee Handbook. …
- Trademark Your Brand.
How do I get trademark protection?
If you want to apply for trademark protection, you can file a trademark application with the U.S. Patent and Trademark Office (USPTO). You can go to uspto.gov to file the trademark application online.