Law can often be confusing, especially when it comes to terminology. In the legal world, every word carries a distinct meaning and authority. A trademark goes through multiple stages and holds different interpretations at each step. Within trademark law, two key terms often cause confusion: trademark and registered trademark.
What Is a Trademark and How Does It Differ from a Registered Trademark?
When we look at the definition of a trademark, its core purpose is to provide protection and a unique identity to a business. A trademark can be anything that distinguishes a brand from others in the market—it could be a simple logo, a business name, a specific color associated with the brand, or even the sound of an app. In short, anything that sets a business apart can qualify as a trademark.
However, here we are not focusing on the definition itself but on the difference between a trademark and trademark registration. Broadly, a trademark can be of two types: unregistered and registered. The way they are presented is also different. An unregistered trademark is usually displayed with the symbol ™ (the letters “TM” inside a round or placed next to the mark), while a registered trademark is represented with the ® symbol, which carries stronger legal protection.
An unregistered trademark still carries a certain degree of protection, even though it is not formally recorded with the trademark registry. However, the power of an unregistered trademark is limited compared to a registered one. Protection is usually restricted to the specific geographic area or market segment where the brand has built recognition. To enforce rights over an unregistered trademark, the business must rely on the principle of “passing off”, which requires proving three things in court:
- Reputation and goodwill in the market.
- Misrepresentation by the other party (someone using a similar mark).
What Is a Registered Trademark and Why Does It Matter for Your Business
When we talk about a registered trademark, we are referring to a mark that has been officially recorded with the trademark registry after going through the legal registration process. A registered trademark can be a logo, name, symbol, color, or even sound—but what makes it different from an unregistered trademark is the formal recognition and legal protection granted by the government.
A registered trademark is represented with the ® symbol, which signals that the mark is legally protected and cannot be used by others without permission. If someone misuses a registered trademark, the owner can take direct legal action against trademark infringement. The registration certificate itself acts as prima facie evidence of ownership, which means the owner does not have to prove goodwill or prior use in the same way required for unregistered marks.
- It provides stronger legal protection and is easier to enforce in court.
- The ® symbol warns others and adds value as a business asset.
Conclusion
Businesses must understand that a trademark is not the same as a registered trademark when it comes to intellectual property protection. If you truly want to secure and grow your brand, trademark registration is the smartest step you can take for long-term success and protection.