Unregistered Trade Mark Rights

Unregistered rights are established by use of a mark, sufficient to create a reputation. Unregistered rights can protect reputation ("goodwill") in a trade mark (name, logo, trading style, distinctive part of a domain or company name, brand, image) for as long as the reputation is maintained

The enforcement of unregistered rights is via a legal action for "passing off" (UK) or "unfair competition" (overseas), where a competitor's actions cause confusion or other damage

Advantages: Cheap and potentially very long-lasting, when available

Disadvantages: In some countries (e.g. UK), rights arise only where the trade mark has been sufficiently used (sometimes only a region or town); in some other countries (e.g. Belgium, Netherlands and Luxembourg) a very widespread fame of a trade mark is required before unregistered trade mark rights arise; unregistered rights can be difficult to enforce, e.g. if records are incomplete (need evidence of reputation and damage)

Costs: Low (professional advice on record-keeping may be required)

Marking: TM (or SM) and/or "(mark) is a trade mark of (owner's name)"