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Author Topic: Difference between a registered mark and a trademark  (Read 501 times)

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Offline Janiabhi

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Difference between a registered mark and a trademark
« on: September 20, 2017, 12:03:56 AM »
What is the difference between a registered mark and a trademark?

Offline advamrita

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Re: Difference between a registered mark and a trademark
« Reply #1 on: September 20, 2017, 08:38:33 AM »
Registered trademark has a legal right attached to it, whereas a non registered trademark does not .

Offline donpotterla

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Re: Difference between a registered mark and a trademark
« Reply #2 on: February 01, 2018, 03:33:49 AM »
Words, phrases and symbols or a mark which is legally registered called trademarks. Trademark registrations are a legal way to protect an original idea from being stolen.

Offline kalaskarkk

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Re: Difference between a registered mark and a trademark
« Reply #3 on: February 02, 2018, 12:34:31 AM »
Dear Sir,

The following link may be visited

https://www.lawtrades.com/blog/answers/intellectual-property-differences/


Trademark

TM is used to signify common-law rights in a trademark pursuant to the Lanham Act. Thus, those who have not yet registered their brand name with the United States Patent and Trademark Office (USPTO) should list a ™ instead of a R. The same goes for those applications submitted but not yet accepted. TM is typically used to protect an unregistered mark by alerting potential infringers that a term, slogan, logo or other indicator is being claimed as a trademark. However, the use of TM does not guarantee the owner’s mark will be protected under trademark law. To succeed in a common-law infringement action under the Lanham Act, the trademark owner must prove: 1)  s/he was the first to use the trademark and 2) the infringing party’s use of the trademark confuses the public from distinguishing the goods’ source.

Registered

The R symbol denotes a trademark which has been registered with the USPTO. The use of the symbol may only occur after the USPTO registers the mark. Registering your trademark gives you superior rights over others in the U.S. to use your trademark in your industry, and it provides you the ability to obtain treble damages against infringers. Not only will a registered trademark deter imitators, it also provides you with a heavy presumption of ownership in the courts. Because a registered trademark is much more preferable over an unregistered trademark, take a look at this past answer to gain further insight on how to register a Trademark.
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003. Karnataka.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com

LegalWiz.in

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Re: Difference between a registered mark and a trademark
« Reply #4 on: February 20, 2018, 05:23:19 AM »
TM is used to signify common-law rights in a trademark pursuant to the Lanham Act. Thus, those who have not yet registered their brand name with the United States Patent and Trademark Office (USPTO) should list a ™ instead of a ®. The same goes for those applications submitted but not yet accepted. TM is typically used to protect an unregistered mark by alerting potential infringers that a term, slogan, logo or other indicator is being claimed as a trademark. However, the use of TM does not guarantee the owner’s mark will be protected under trademark law.

The ® symbol denotes a trademark which has been registered with the USPTO. The use of the symbol may only occur after the USPTO registers the mark. Registering your trademark gives you superior rights over others in the U.S. to use your trademark in your industry, and it provides you the ability to obtain treble damages against infringers. Not only will a registered trademark deter imitators, it also provides you with a heavy presumption of ownership in the courts.

LegalWiz.in can help you to register your trademark at affordable prices, starting with Rs. 5999/-.
« Last Edit: February 22, 2018, 06:11:31 AM by admin »

 

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