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What if I do not register my trademark?

Update date: 08/06/13

The registration of a trademark is not compulsory but the absence of it is a big risk. We will explain why in this post.

There are two possible scenarios once you've started using your trademark without registering. On the one hand, it may be that someone starts using your trademark and you can not stop it. On the other hand, and even worse, may be someone else who registers your trademark and compel you to stop using it for trademark infringement.

As we know the registration of a trademark gives the owner certain rights.

  • Positive right: the owner of a mark may use, transfer, assign, ...
  • Negative right: the owner of a trademark may prevent a third party to use the mark

Scenario 1: If you do not register your trademark you cannot prevent others from using it. This situation permits a third party to take advantage of your reputation without working for it. If no one has registered the trademark you must register immediately before someone else does.

Scenario 2: If a third party registers your trademark, used but not registered, he/she can force you to stop using it. This situation is even more harmful, since not only the third party takes advantage of your reputation (scenario 1) but obliges you to stop using your trademark. This means that you must change your trademark everywhere it appears. This implies large economic costs that could have been saved by the registration of your trademark .

Remember that the registration of a mark is advisable to do through a patent and trademark agent, as Volartpons, advise you in order to avoid unnecessary costs.


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