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Trademark Register

Once a particular mark is used by an organization in commerce, it qualifies for trademark protection so long as it is the first use of the mark. There is no mandate that requires a trademark to be registered and unregistered trademarks are still afforded protection from infringement and dilution. However, there are significant benefits afforded to those that wish to register their trademarks with a national trademark office, such as the United States Patent and Trademark Office (USPTO) in the United States. These benefits include nationwide rights to the trademarked material, the ability to use federal courts when needed for infringement or dilution matters and the potential to recover greater damages in lawsuits. Despite these advantages, trade marking can be a long, thorough, and expensive process that may require the assistance of legal counsel. Therefore, only marks those strongly wish to gain these benefits for should pursue filing with the USPTO.

Fast Facts

  • Unregistered trademarks may utilize the "TM" symbol in superscript following the mark (TM). Unregistered service marks may utilize the "SM" symbol in superscript following the mark (SM). Only those marks registered through a trademark office may use the "R" symbol inside a circle following the mark (ᆴ).
  • It is illegal to use the ᆴ symbol on an unregistered trademark.

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  • What is a Trademark?

    Trademarks are distinctive devices, symbols, logos, names, domain names, images, or words that are utilized in...
    • Site: intellectualpropertylawfirms.com
  • Registering a Trademark

    Trademarks are a wonderful way to protect you and your company when it comes to the way customers perceive you...
    • Site: intellectualpropertylawfirms.com
    • 2 of 3 user(s) found this useful
  • Trademark Law

    A trademark is defines as a symbol, word or sound, used by an individual or business entity for the purpose of...
    • Site: lawfirms.com
  • Trademark Dilution

    The basic purpose of trademark law is to protect consumers by enabling them to rely on recognizable marks to i...
  • Trademark Infringement

    Owners of strong and famous a trademark, a service mark, a trade names or a trade dress have two categories of...

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