Owning a Trademark vs. Having a Registered Trademark

Ownership of a trademark begins the moment you use it in connection with your products or services. By simply using your trademark, you automatically establish what are known as "common law" rights. These rights are inherently limited as they are confined to the geographical area where your products or services are actively sold or marketed. For more extensive, nationwide protection, registration of your trademark is necessary.

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Protection Through Trademark Registration

While registering your trademark is not mandatory, it provides significantly more extensive rights and legal protections. A registered trademark grants you exclusive rights across the entire country or region, depending on the scope of the registration. This is crucial as your business grows and reaches a broader market.

Consider the familiar story of Starbucks: starting from a single store and expanding globally. Initially, the iconic mermaid logo had limited geographical protection. However, as Starbucks expanded, registering the trademark ensured that they maintained exclusive use of their logo anywhere they operated, preventing others from diluting their brand.

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