Frequently Asked Questions
What Is the Difference Between a Trademark and a Registered Trademark?
An unregistered trademark, also known as a common law trademark, gives the owner some legal protections within a limited geographical area. Once registered with the USPTO in the United States, a registered trademark has more legal protections and can extend to the entire country.
Exploring the difference between common law and registered trademarks
Legal protection: Trademarks protected under the common law don’t provide formal legal protections. Whereas registered trademarks codify exclusive rights.
Benefits: Registered trademarks provide the right to sue in federal courts, whereas common law trademarks are harder to prove.
Usage basis: Common law trademarks and the symbol “™” can be used without federal registration, whereas the “®” symbol can only be used once the mark is registered.
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