Law Final Study Guide
Trademark doesn’t have to be registered, but if you don’t register it, then you don’t get the protection to
go in and enforce the protections– which means you can’t go in and issue a cease and deceased order
which means quit using it, you can’t control it under other circumstances. In an infringement suit, if you
want to go to court you have to have it registered.
How do you know if you have it registered? How do you know if you are dealing with a registered
trademark?
TM– they are going to register but they haven’t yet. Also sometimes referred to as the common law
trademark. The problem with this is that you may have the ability to develop proof of exclusive use but
only in limited areas.
Circle with an R- once you go through the process where you have actually registered it that is what you
put on your statement, whatever your trademark is, whatever your name is. This means that you are
clearly putting everyone on notice that you have nationally protected this.
Even if it is registered, you need to show that it is likely to deceive customers. –What does this mean?
Misleading a customer, get mistaken. Sometimes there are trademarks that are very close to the same
item, and then just change one letter or so. One consideration, ex: Shifty Morgan Gears & R vs. Shifty
Morgan Gear works. Could you claim an infringement here? Was it an attempt to deceive?
