11/08/2024

Protecting Your Unregistered Trademarks

Trademark rights, much like copyright, are created by use, not by registration

We’ve talked before about the importance of conducting a thorough trademark search before launching a brand name or logo or slogan. You might be surprised to learn about similar trademarks that are already in use. You might learn that your proposed trademark would be considered relatively weak. Even if trademark registration simply isn't in the budget yet or a federal registration doesn't make sense for other reasons, you still need to know what trademarks your competitors are already using. 

​Whatever the reason for not moving forward with a trademark registration, that still leaves an important question—What rights do you have if you don't or can't register your trademark? Is there anything you can do to protect your unregistered trademark?

What rights do you have in unregistered trademarks?

Trademark rights, much like copyright, are created by use, not by registration. Once you begin using a trademark “in commerce,” i.e. actually selling goods or providing services in connection with the trademark, then you have what is known as a common law trademark. 

Please select this link to read the complete blog post from MSN Law Office.