Registered and unregistered trademarks are two distinct forms of intellectual property protection within the realm of design, encompassing various fields such as graphic design, product design, and brand identity. A trademark is a symbol, word, or phrase that identifies and distinguishes the source of goods or services of one party from those of others. Registered trademarks are those that have been officially registered with the appropriate government agency, such as the United States Patent and Trademark Office (USPTO), and are denoted by the ® symbol. Registering a trademark grants the owner exclusive rights to use the mark in connection with the specified goods or services, and provides legal presumption of ownership and the right to sue for infringement. In contrast, unregistered trademarks, also known as common law trademarks, are marks that are used in commerce but have not been formally registered. These marks are often indicated by the ™ symbol and are protected by common law rights, which are limited to the geographic area where the mark is used. While unregistered trademarks do offer some level of protection, they lack the broader legal presumptions and remedies available to registered marks. In the context of design, trademarks play a crucial role in creating and protecting brand identity, ensuring that a company's visual elements, such as logos, color schemes, and packaging, are distinctly associated with their products or services. Designers must carefully consider the implications of using registered or unregistered trademarks in their work to avoid infringement and to properly protect their own creative assets. Fun fact: The first registered trademark in the United States was the Averill Chemical Paint Company's eagle logo, which was registered in 1870 under the Trademark Act of 1870, the first federal trademark law in the country
trademark law, brand identity, intellectual property, logo design, common law, infringement, design protection
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