Difference Between Registered and Unregistered Trademark

Registered trademark is represented by the symbol ®. An unregistered trademark is represented by the trademark symbol ". ... However, an unregistered trademark does not possess the statutory right of infringement. However, the registered trademark possesses a statutory right of infringement.

1. Can I use an unregistered trademark?
2. What is the difference between R and TM?
3. What is registrable trademarks?
4. Can I use a registered trademark?
5. What if trademark is not registered?
6. Can you sue for trademark infringement without registration?
7. What is SM vs TM?
8. Is Apple TM or R?
9. Is it worth registering a trademark?
10. Is my trademark registrable?
11. What is passing off in trademark?
12. How long does a trademark last?

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 R and TM?

The TM symbol can generally be used by any person or business to indicate that a particular word, phrase or logo is intended to serve as an identifier for the source of that product or service. ... The R symbol indicates that this word, phrase or logo is a registered trademark for the product or service.

What is registrable trademarks?

Trademarks can be registrable if they contain or consist of at least one of the following: the name of a person or entity represented in a special or particular manner; the applicant's signature; invented words; ... a distinctive mark (Section 10(1) of the Trademarks Act 1976).

Can I use a registered trademark?

By law, you need not request permission to use a trademark belonging to another if it is for an editorial or informational use. ... When a trademark is registered with the U.S. Patent & Trademark Office (USPTO), the trademark owner can enforce its mark across the United States.

What if trademark is not registered?

An unregistered trademark is also protected and has certain benefits. However, an unregistered trademark does not possess the statutory right of infringement. However, the registered trademark possesses a statutory right of infringement.

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 is SM vs TM?

TM stands for trademark. A trademark is a mark that represents goods, like clothing or sunglasses. SM stands for service mark. Service marks are marks that represent services.

Is Apple TM or R?

Instead use the appropriate trademark attribution notice, for example: Mac and macOS are trademarks of Apple Inc., registered in the U.S. and other countries and regions.
...
Apple Trademark List*

Is it worth registering a trademark?

Registering your company name as a trademark has a number of benefits, including: It will prevent other people from stealing and using your trademark. The protection provided by having a registered trademark is stronger than “common law” protections which will apply when your trademark is unregistered.

Is my trademark registrable?

To search the USPTO's trademark database, go to TESS and choose a search option. If you are searching for a name, you can use the trademark name search. If you are searching a design mark, such as a logo, you will first need to look up your design code using the USPTO's Design Search Code Manual.

What is passing off in trademark?

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. ... At first it was restricted to the representation of one person's goods as those of another.

How long does a 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.