What is the Difference Between Trademark and Registered Trademark?

In the world of business and intellectual property, trademarks play a crucial role in protecting brand identity and ensuring consumer recognition. However, many people are often confused about the difference between a trademark and a registered trademark. While both terms are related to the protection of intellectual property, there are some key distinctions that businesses and individuals should understand. In this article, we will explore the definitions, benefits, and legal implications of both trademarks and registered trademarks.

Trademarks

A trademark is a symbol, logo, word, phrase, or design that is used to identify and distinguish goods or services offered by an individual, business, or organization. It acts as a brand identifier and helps consumers differentiate between different products or services in the market. Trademarks can be in the form of a company name, product name, logo, or even a combination of colors.

Trademarks, by default, are unregistered and provide a certain level of protection to the owner. The moment a business starts using a trademark to represent its products or services, it gains some legal rights over that mark. These rights are known as common law rights and provide the owner with the ability to prevent others from using a similar mark that may cause confusion among consumers.

The use of a trademark also helps businesses establish brand recognition and goodwill in the market. It allows consumers to associate specific qualities and attributes with a particular brand, thus creating trust and loyalty. However, common law rights are limited to a specific geographic area where the mark is being used, and the protection they offer may not be as strong as that of a registered trademark.

Registered Trademarks

A registered trademark, on the other hand, is a trademark that has been officially registered with the appropriate government authority, such as the United States Patent and Trademark Office (USPTO) in the United States. Registering a trademark provides additional legal protection and advantages over a common law trademark.

When a trademark is registered, it becomes a public record, and the owner gains nationwide protection for their mark, regardless of the geographic area where it is being used. This means that the owner has exclusive rights to use the mark in connection with the specific goods or services it is registered for, and can take legal action against any unauthorized use or infringement.

Registered trademarks also provide a higher level of legal presumption of ownership and validity. In case of a dispute or legal proceedings, the burden of proof falls on the infringing party to demonstrate that the registered mark should not be protected. Registering a trademark also allows the owner to use the ® symbol, which provides notice to others that the mark is registered and protected.

Key Differences

Now that we have a basic understanding of trademarks and registered trademarks, let’s summarize the key differences between the two:

Protection: While both trademarks and registered trademarks offer some level of protection, registered trademarks provide stronger and more extensive legal protection than common law trademarks.

Geographic Scope: Common law trademarks are limited to the geographic area where the mark is being used, while registered trademarks offer nationwide protection.

Evidence of Ownership: Registering a trademark provides a public record of ownership, making it easier to establish ownership rights in case of disputes.

Legal Presumption: Registered trademarks enjoy a legal presumption of ownership and validity, making it easier to enforce rights and prevent infringement.

Use of ® Symbol: Only registered trademarks are allowed to use the ® symbol, which provides public notice of registration and may deter potential infringers.

Conclusion

In conclusion, trademarks and registered trademarks play a vital role in protecting brand identity and distinguishing goods or services in the market. While trademarks offer some level of protection by default, registering a trademark provides additional legal advantages, including nationwide protection, a stronger presumption of ownership, and the ability to use the ® symbol. It is essential for businesses and individuals to understand these differences and take appropriate steps to protect their intellectual property rights.

Frequently Asked Questions (FAQs)

1. What is the difference between ™ and ® symbols?

The ™ symbol is used to indicate an unregistered trademark, while the ® symbol is used to indicate a registered trademark.

2. Can I use a trademark that is already registered?

Generally, using a trademark that is already registered may infringe on someone else’s rights. It is advisable to conduct a trademark search and seek legal advice before using a registered mark.

3. How long does a trademark registration last?

In most countries, a registered trademark can remain in force indefinitely, as long as it is renewed periodically and continues to be used in commerce.

4. Can I trademark a common word?

It is possible to trademark a common word if it is used in a unique and distinctive way to identify specific goods or services. However, the process may be more challenging compared to trademarking a coined or invented word.

5. Do I need a lawyer to register a trademark?

While it is not mandatory to hire a lawyer, it is highly recommended to seek legal assistance during the trademark registration process to ensure proper understanding of the legal requirements and maximize the chances of a successful registration.