Unregistered trademark

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An unregistered trademark or common law trademark is an enforceable mark created by a business or individual to signify or distinguish a product or service. It is legally different from a registered trademark granted by statute.

As with registered trademarks, a common law trademark utilizes graphics, images, words or symbols, or a combination of such, to signify the distinctiveness or source of a product or service.

In many countries, well-known unregistered trademarks may be protected by a common law passing off tort which prevents traders from passing off their goods or services as that of another. In these jurisdictions, protections for unregistered trademarks are usually weaker than for registered trademarks. However, some countries have no legal protections for unregistered trademarks.

Although not required by law to do so, an unregistered trademark owner can append the mark with the letters "TM" (visualized by the trademark symbol ™). A ™ serves as notice to the public the words or symbols are an unregistered trademark. In contrast, trademarks registered with government agencies may have a registered trademark symbol next to them, such as the ® symbol.