Correct. What decides the rights, is the use. A registered but unused mark loses the rights, while a used but unregistered one keeps the rights (just becomes harder to prove).
And it needs to be used for trade. Like, someone’s personal nick, not used for trade, would have no rights. But the nick of someone using it to be an influencer, or a furry artist, would give them some rights.
That’s an interesting avenue I hadn’t considered. However, the lack of a registered trademark does not mean the lack of any rights whatsoever.
Correct. What decides the rights, is the use. A registered but unused mark loses the rights, while a used but unregistered one keeps the rights (just becomes harder to prove).
And it needs to be used for trade. Like, someone’s personal nick, not used for trade, would have no rights. But the nick of someone using it to be an influencer, or a furry artist, would give them some rights.