How do you protect an unregistered trademark?
Trademarks can be legally protected in several ways:
- via federal registration with the US Patent and Trademark Office (USPTO)
- via registration with state trademark offices.
- via registration with trademark offices in foreign countries.
- via common law.
Can you trademark a name without registering?
An unregistered trademark is a mark that has not been registered at the U.S. Patent and Trademark Office (or at any of the state trademark offices). Owners of unregistered trademarks nevertheless have legal rights within the geographic areas in which they operate.
How do you get around a trademark name?
Here are five steps small business owners can follow to avoid a trademark infringement lawsuit:
- Do your research. Before you settle on a name, logo, or domain name, make sure it is not already trademarked.
- Enlist help.
- Consider general liability insurance.
- Register your trademark.
What remedy is available to a person whose unregistered trademark is used by someone else?
Passing Off prevents the use of Unregistered Trade Mark Owner of an unregistered trademark may be able to prevent use by another party of an infringing mark pursuant to the common law tort of passing off.
What is the difference between registered trademark and unregistered trademark?
A registered trademark is any symbol, sign, word, etc. used as a trademark by the company and registered under the Trade Mark Act, 1999. An unregistered trademark refers to any symbol, sign, word, etc., used by the company as a trademark, but not at all registered.
What if trademark is not registered?
A trademark can be a registered trademark as well as an unregistered trademark. Such unregistered mark can still be protected under common law tort of “Passing off”. Thus, owner of an unregistered trademark may be able to prevent use by another party of an infringing mark pursuant to the common law of passing off.
Can you trademark a business name that already exists?
If you’re wondering, “can you trademark something that already exists,” the simple answer is “no.” Generally speaking, if somebody has used a trademark before you, you can’t register the trademark for yourself.
How do you avoid copying trademarks?
You should always avoid infringing on a trademark because that can have serious consequences. One successful way to avoid it is by performing an extensive trademark search before deploying your mark. This simply means to look around and check, whether the symbol is already in use by some other entity.
How do you avoid a diluted trademark?
(1) Use highly distinctive, creative devices and words/characters to register trademarks. Reduce the probability of trademarks becoming generic names. (2) Trademark owners should use their trademarks in the correct and standard way, and tighten the management of their trademarks at the same time.
https://www.youtube.com/watch?v=YctvylGO5ZI