Unregistered trade mark
Encyclopedia
An unregistered trade mark is a trademark
which does not benefit from the protection afforded to trade marks through registration.
They may however benefit from protection due to other features of the law in relation to trademarks, such as protection for unregistered marks in the United Kingdom resulting from Passing off
law.
In the United States
, neither federal nor state registration is required to obtain rights in a trademark. An unregistered mark may still receive common law
trademark rights. Those rights, for example, may extend to its area of influence—usually delineated by geography. As such, multiple parties may simultaneously use a mark throughout the country or even state. An unregistered mark may also be protected under the federal "Lanham Act
" (15 USC § 1125) prohibition against commercial misrepresentation of source or origins of goods. Unregistered marks are also protectable in the United States under Lanham Act §43(a).
Trademark
A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or...
which does not benefit from the protection afforded to trade marks through registration.
They may however benefit from protection due to other features of the law in relation to trademarks, such as protection for unregistered marks in the United Kingdom resulting from Passing off
Passing off
Passing off is a common law tort which can be used to enforce unregistered trademark rights. The tort of passing off protects the goodwill of a trader from a misrepresentation that causes damage to goodwill....
law.
In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, neither federal nor state registration is required to obtain rights in a trademark. An unregistered mark may still receive common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
trademark rights. Those rights, for example, may extend to its area of influence—usually delineated by geography. As such, multiple parties may simultaneously use a mark throughout the country or even state. An unregistered mark may also be protected under the federal "Lanham Act
Lanham Act
The Lanham Act is a piece of legislation that contains the federal statutes of trademark law in the United States. The Act prohibits a number of activities, including trademark infringement, trademark dilution, and false advertising.-History:Named for Representative Fritz G...
" (15 USC § 1125) prohibition against commercial misrepresentation of source or origins of goods. Unregistered marks are also protectable in the United States under Lanham Act §43(a).