A trademark indicates the ownership of a product by using name, word, phrase, logo, symbol, design, image, etc. A trademark may be categorized into registered trademark or unregistered trademark. Getting your trademark registered has many benefits; however, it is not a legal requirement to get your trademark registered at the Patent and Trademark office.
An unregistered trademark falls under the common law rights. However, it is not necessary that the owner of an unregistered would be entitled to the legal benefits. The common law right permits the unregistered trademark owner to take action against any person for passing off his goods. Unregistered trademark may be given protection in the territory where it is famous among its consumers.
The registered trademark provides the owner exclusive rights to use the product under its brand name. The owners of registered trademark are protected against infringement of the trademark. The law permits the owner of a registered trademark to prevent unauthorized use of the mark in relation to products or services that are identical or deceptively similar to the registered trademark. This law protects the consumers from being misled. The infringement of registered trademarks can result in a law suit and the plaintiff would be entitled to the damages. The burden of proof of the plaintiff becomes easy because of the legal proof of registration.