If I understand US trademark law, if you are using a Trademark in business, it can not be copied even if it is not registered. Whoever uses it first has a de facto trademark in effect. Is that correct?
Obviously registration of a trademark provides proof of the trademark, but that is not sufficient. For a trademark to be valid, it has to be used. That is why trademark registrations have to be renewed and will lapse if not. But is use of a trademark alone sufficient?
-- Rick C Viewed the eclipse at Wintercrest Farms, on the centerline of totality since 1998
Sufficient for what?
"Can not be copied even if it is not registered" not quite true; if (your) unregistered trademark is copied (by someone else), you have NO legal recourse.
Funny, I did a search the other day before I posted this and didn't find a clear answer to the question. Today I found several sources which does give a clear answer.
-- Rick C Viewed the eclipse at Wintercrest Farms, on the centerline of totality since 1998
Not true. But the links posted by rickman are helpful.
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