unregistered trademark

Passing off is a common law remedy for protecting an unregistered trademark.

Passing off is a common law tort which can be used to enforce unregistered trademark rights.

Even the walls are trimmed in birchbark, the region's unregistered trademark.

The Thomas Register (available online) provides entrepreneurs with a free, unregistered trademark database.

Because a business can establish a trademark simply by operating under a given name, you must be diligent in checking both registered and unregistered trademarks.

An unregistered trademark is a trademark which does not benefit from the protection afforded to trade marks through registration.

In 1985, Lesportsac sued the Kmart Corporation for unregistered trademark infringement and won.

(the "trademark symbol", which is the letters "TM", for an unregistered trademark, a mark used to promote or brand goods)

To confirm name availability, have your county clerk's office check the list of fictitious/assumed names - often unregistered trademarks - operating in your region, or state, if applicable.

The United States, Canada and other countries also recognize common law trademark rights, which means action can be taken to protect an unregistered trademark if it is in use.

At the Irish Pub, near the Boardwalk on St. James Place, they don't do coupons; cheap chic has been their unregistered trademark for 22 years.

Only registered trade and service marks are protected in the PRC: there is no common law protection for unregistered trademarks (except for "well-known" marks, as detailed below).

If a trademark has not been registered, some jurisdictions (especially Common Law countries) offer protection for the business reputation or goodwill which attaches to unregistered trademarks through the tort of passing off.

Passing off may provide a remedy in a scenario where a business has been trading under an unregistered trademark for many years, and a rival business starts using the same or a similar mark.

Certain exclusive rights attach to a registered mark, which can be enforced by way of an action for trademark infringement, while unregistered trademark rights may be enforced pursuant to the common law tort of passing off.

Marks registered with the U.S. Patent and Trademark Office are given a higher degree of protection in federal courts than unregistered marks - both registered and unregistered trademarks are granted some degree of federal protection under the Lanham Act 43(a).

Welles maintained a website which identified her as a former PMOY and displayed the registered trademarked terms Playboy, Playmate of the Year, and Playmate of the Month and the unregistered trademark "PMOY" in metatags, wallpaper, banner ads, and the masthead.