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Difference between registered and unregistered trademarks

difference between registered and unregistered trademark

You heard a lot of things about the importance of registered trademark and own your trademark but you’re not sure what the registered and unregistered trademark means. Well today that’s what we’re going to talk about and by the end of this video you’re going to be clear about the difference between registered and unregistered trademarks. My name is Michelle Murphy, I’m the owner Wilson Murphy Law and I work with small business owners to protect their business through trademark registration and contracts. Before we get started make sure you like or dislike, comment, and subscribe to my channel.

Trademark symbol differences:

There are different symbols for registered and unregistered trademarks. Registered trademark defines that the symbol has OR with the circle around it

And if your trademark is not registered then you use the TM symbol. If it can be shown that that you use the registered trademark symbol to deceive consumers or competitors then the United States Patent and Trademark Office (USPTO) can reject your application.

Benefits of using registered trademarks:

Sue for trademark Infringement:

The main benefit of having a registered trademark is that if a competitor or someone else infringes on your trademark then you can sue them in federal court and potentially recovers damages incurred due to an infringement a.k.a. compensation from the infringer.There are common law trademark rights but that only applies in the geographic region that you are in. So if you live in Nevada and someone in New York infringes on your trademark then you have no recourse.

Ownership Of trademark:

The benefit of a registered trademark compared to an unregistered trademark is the presumption that you own the trademark. If you did not register your trademark then you have to prove that your business was the first one using the trademark. When you sue someone for trademark infringement you must prove that you were using the trademark first and that the infringer’s use of the trademark causes confusion to consumers.

So those are just some differences between registered and unregistered trademarks. If you want to know a little bit more about trademarks, make sure you sign up for the Master Your Mark masterclass. It’s a 25 minute class all about trademark registration.

 

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