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Does a trademark have to be registered to be considered a trademark?

In: Intellectual Property [Edit categories]

Answer:

No. In the U.S. you get "common-law" rights in a trademark the moment it is first used in commerce in association with your goods or services, but only in the market where you have used it. This means you can use state or federal law to stop infringers. However, a state or federal registration is a valuable tool that can greatly expand your rights and make your trademark easier to enforce. When you see (tm) or (sm) it means the trademark is not registered, � (circle-R) means it is.

First answer by Wutzyerproblem. Last edit by Wutzyerproblem. Contributor trust: 1133 [recommend contributor ]. Question popularity: 16 [recommend question].

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US Patent and Trademark Office

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Relevant answers:

When is a trademark considered to be registered?
In the US, it takes about one month from application before the mark is published for opposition. Three months after it is published, it is registered if there is no opposition.
What are the similarities in trademarks and registered trademarks?
A non-registered trademark is called 'common law trademark' in Canada and is typically implemented in order to show the intent to trademark. Unfortunately, common law trademarks are difficult to...
What is the difference between a registered trademark and a trademark?
A registered trademark is one in which the owner has filed registration papers (and fees, samples, declarations, etc) with a state or federal agency, stating who owns the brand, what the brand is...
How is a trademark registered?
Once the availability of the proposed trademark has been certified, applications and related artwork are filed with the U.S. Patent Office.
Do most products have a registered trademark?
Generally, yes. The point of a trademark is to reduce confusion in the marketplace: if I buy Tide detergent, I should be able to trust that it's the same Proctor & Gamble product I bought last...