Unregistered Trademarks and Your Business
Trademarks are used to protect a company’s branding from infringement by competitors or other businesses. A trademark can be used to protect a business name, logo, or phrases that the business uses to market its products or services. If you have created or plan to create an original design or other branding to promote your company, unregistered trademarks can be a cost-effective way to protect your intellectual property.
How to Obtain an Unregistered Trademark
Unlike registered trademarks, a business does not have to file for registration to use an unregistered trademark. In fact, there is no paperwork involved in creating an unregistered trademark. A business may simply designate its branding as trademarked by using the symbol ™. However, it is important to ensure that the name, logo, or other intellectual property that you choose to trademark is not already trademarked by another company to avoid an infringement dispute.
Limits of an Unregistered Trademark
An unregistered trademark offers the same legal protections as a registered trademark. The main difference lies in the geographic extent of the trademark protection. When a trademark is registered with the U.S. Patent and Trademark Office, it is recognized nationwide as a protected trademark. With an unregistered trademark, however, the branding is only protected within the company’s operating area. This means that another business outside of your area may use the same trademark without committing trademark infringement.
Contact Us
To learn more about intellectual property protection for your business and how we can assist you with your Texas business formation needs, contact Texas Legal Entities today by calling 512-472-2431.
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