You don't need to register a trademark, to have a trademark. Just assert it.
Posted Jul 14, 2011 13:52 UTC (Thu) by david.a.wheeler
In reply to: Open licences need a "no passing off" clause
Parent article: VLC and unwelcome redistributors
Trademark law, not copyright law, is designed to handle this sort of thing. And at least in the U.S., you do not need to formally register a trademark to have one.
The USPTO's Trademark FAQ says:
Must I register my trademark?
No. You can establish rights in a mark based on use of the mark in commerce, without a registration.
However, owning a federal trademark registration on the Principal Register provides several important benefits.
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