failure to register trademark

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. That being said, your rights and potential financial recovery are more limited if you fail to register a trademark.

1. What happens if you don't register a trademark?
2. Can you use TM without registering trademark?
3. Under what circumstances would the United States Patent and Trademark Office refuse to register a trademark?
4. What are the consequences of not obtaining a trademark for your domain and logo?
5. Is it worth registering a trademark?
6. Does a trademark need to be registered?
7. What are the 3 types of trademarks?
8. When should you register a trademark?
9. How do I register a trademark for free?
10. Why do Trademarks get denied?
11. How long does trademark last?
12. What can be registered as a trademark?

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 you use TM without registering trademark?

The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO.

Under what circumstances would the United States Patent and Trademark Office refuse to register a trademark?

The USPTO may be required to refuse registration of your mark on numerous grounds. The most common are: Likelihood of Confusion: The USPTO conducts a search for conflicting marks as part of the official examination of an application only after a trademark application is filed.

What are the consequences of not obtaining a trademark for your domain and logo?

Reasons Not to Trademark Your Domain Name

Infringement — If you register a domain name without checking if there is a similar name already registered, you could infringe upon another company's trademarked domain name. A lawsuit involving trademark infringement could cost you $100,000 or more.

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.

Does a trademark need to be registered?

federal and state registration: A trademark does not need to be registered for the owner to prevent others from using a trademark or from using a confusingly similar mark. ... A registered mark may display the words Registered in U.S. Patent and Trademark Office or Reg.

What are the 3 types of trademarks?

There are four categories of trademarks: (1) fanciful or arbitrary, (2) suggestive, (3) descriptive, and (4) generic.

When should you register a trademark?

In many cases, a business will want to start the trademark application as soon as their LLC or corporation paperwork is filed. By filing for a trademark prior to launch, you can be sure that your name is protected once you begin commercial sales. However, there may be an even stronger reason to apply early.

How do I register a trademark for free?

You can not register a trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business. The benefit of relying on common law trademark rights is that it's free, and you don't need to do any specific work filling out forms, etc.

Why do Trademarks get denied?

Likelihood of confusion is the most common reason an application will be rejected by the USPTO. Essentially, if there is a high probability that the general public will confuse your trademark with someone else's (already existing) trademark, your registration will not be granted.

How long does trademark last?

Answer: Once a trademark registration is granted by the USPTO, it will last five years before another filing is required. However, if you shut down your business or stop offering your goods or services before then, the trademark will be considered abandoned from a legal perspective as it is no longer in use.

What can be registered as a trademark?

The trademark can just be the name of the company or product but does not need to be and can be:

• Words – eg company name or product name.
• Letters.
• Numerals.
• Designs – eg shapes, symbols, patterns, logos and signs.
• Colours.
• Sounds – eg jingles.
• Shapes of goods or packaging – eg three dimensional (3d) shapes.