Eli5. What is the differbetween trademark and registered trademark?

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Eli5. What is the differbetween trademark and registered trademark?

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Anonymous 0 Comments

US-specific answer: You gain automatic common law trademark rights to your novel brand name or logo just by using it, and if some copycat springs up, you can sue in state courts, though you will need to establish to the court that you are the rightful trademark owner. A registered trademark is literally registered with the federal government. There is a process to affirmatively determine that it actually can be registered and that you are the rightful owner (that is, nobody else has already been using it). This is much stronger legal protection and you can sue for infringement in federal court. Registering takes time and money though, so you’ll often see a new brand with ™ while they await approval for the ®.

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