Trademark Rights and Registration
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.
Benefits of Registered Trademarks
Once acquired, trademark rights may be registered with the USPTO. “The Lanham Act gives a seller or producer the exclusive right to “register” a trademark, 15 U.S.C. § 1052, and to prevent his or her competitors from using that trademark, § 1114(1).”
Importance of Registering a Trademark
A registered trademark is the only way to protect your name or brand securely. It is in your best interest to maintain as much control over your brand and assets as possible, which is only made possible by registering your brand.
Risks of Not Registering a Trademark
One of the primary consequences of not registering a trademark is limited legal protection. Without a registered trademark, you have minimal legal recourse if someone infringes on your brand.
Trademark Symbols and Protection
Trademarks not officially registered can be marked with the trademark symbol TM. Using our Australian trademark search helps you find out similar registered trademarks in the market, or pending applications, that may conflict with yours.
Legal Protection and Ownership
As long as you are obeying the legal obligations of running your business, you technically do not need to have a registered trademark. However, if you do not have a registered trademark, you may not even own your name or your brand.
TM Symbol and Unregistered Trademarks
The “TM” or (TM) trademark symbol means unregistered trademark. It is commonly used when an entity claims its common law trademark rights. However, it is important to explore trademark registration for greater legal protection and recognition.