Registered vs Unregistered Trademarks: What's the Difference?

When it comes to trademarks, many business owners are unaware of the distinction between registered and unregistered trademarks. While both types of trademarks offer some level of protection, there are significant differences between them. In this article, we'll explore the differences between registered and unregistered trademarks, including the benefits and drawbacks of each.

A trademark is a symbol, word, phrase, logo, or design that identifies a business or product and distinguishes it from others. Trademarks can be registered with the United States Patent and Trademark Office (USPTO) or used without registration. Registered trademarks, also known as federal trademarks, provide a higher level of protection than unregistered trademarks.

Registered trademarks are granted by the USPTO after an application is filed and the trademark is examined for distinctiveness and likelihood of confusion. Once registered, the trademark is listed in the USPTO's database and is entitled to certain legal protections, including the ability to sue for trademark infringement. Registered trademarks also provide a presumption of ownership and can be used to prevent others from using a similar mark.

Unregistered trademarks, also known as common law trademarks, are not registered with the USPTO but are still protected under common law. Unregistered trademarks can be used to prevent others from using a similar mark, but the protection is limited to the geographic area where the mark is used. Unregistered trademarks also do not provide a presumption of ownership and are not entitled to the same legal protections as registered trademarks.

So, what are the benefits and drawbacks of each type of trademark? Registered trademarks offer a higher level of protection and can be used to prevent others from using a similar mark, but they also require more paperwork and can be more expensive to maintain. Unregistered trademarks are less expensive and require less paperwork, but they offer less protection and are more vulnerable to challenges from others.

In conclusion, while both registered and unregistered trademarks offer some level of protection, there are significant differences between them. Business owners should carefully consider the benefits and drawbacks of each type of trademark before deciding which one to use. By understanding the differences between registered and unregistered trademarks, business owners can make informed decisions about how to protect their brands and prevent others from using similar marks.