Trademarks vs. Registered Trademarks
Everywhere you look, you're confronted with those little floating TMs and circled Rs that designate trademarks and registered trademarks. Virtually every product name and picture falls under one or the other, but a lot of us are clueless as to what the differences mean. If you're a business owner, knowing the difference between the two can be particularly useful, especially if you're in a market with competitors.
If you have questions about trademark law, contact Texas Legal Entities by calling 512-472-2431.
Understanding the Difference
The difference between trademarks and registered trademarks comes down to whether or not the word or phrase was registered with the United States Patent & Trademark Office (USPTO). Some unregistered trademarks may be in the process of being filed with the USPTO to make them registered trademarks, while others may never become registered. There is no law requiring trademarks to be registered, although there are benefits that go along with registration, most notably legal protection.
In the world of business, names and brands can be incredibly valuable. Let's say that you manufacture a breakfast cereal that is trademarked (but not registered) as Krispettes, a brand which becomes immensely popular. Naturally, the popularity of your product will inspire competitors, who can market theirs under Crispettes or other similar words, even in similar fonts. You can try to force them to stop, but you have to prove that you have been producing and marketing your product long than they have, which can be difficult. However, if you had registered your trademark, you'd already have that proof. Your ability to protect your brand is much increased with a registered trademark.
Contact Us
If you're interested in learning more about trademark law, contact the Texas LLC experts at Texas Legal Entities by calling 512-472-2431 today.
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