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Registered vs. Unregistered Trademarks

Many businesses use certain phrases, logos, or branding to promote the products that they offer. These are all examples of intellectual property known as trademarks. Whenever a business develops a distinctive name, logo, or design associated with a good or service, is important for the company to protect its intellectual property.

One way to prevent unwanted and unauthorized use of material is to label it as an unregistered or registered trademark. These symbols protect intellectual property and give a business certain rights of use for its trademarks.

Registered Trademarks

A registered trademark is designated by the symbol ®. This symbol can only be used for trademarks that have been registered with the U.S. Patent and Trademark Office. The registered mark gives an individual or business certain legal protections so that the trademark cannot be used by others without authorization. The registered trademark is enforced nationwide, and the individual or company may file a lawsuit against anyone who commits trademark infringement.

Unregistered Trademarks

Unlike a registered trademark, an unregistered trademark may be used by anyone who wishes to protect a name, logo, design, or other branding classified as intellectual property. An unregistered trademark is designated with the symbol ™. Since intellectual property marked with this symbol does not have to be registered, it can be assigned to any intellectual property that an individual or company considers a trademark.

As with a registered trademark, an unregistered trademark is protected by law, and legal action can be taken against a party that infringes on an unregistered trademark. However, it can be more difficult to enforce an unregistered trademark nationwide.

Contact Us

To learn more about trademarks and how your business can take steps to protect its intellectual property, contact Texas Legal Entities today at 512-472-2431.

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