>>35113411Incorrect. In the U.S., registering a trademark increases its protection, but it’s not mandatory to protect a mark. If you open a Cinccino Cafe, you *might* be fine, but Nintendo/TPCI still has a reasonable case. If you fill your cafe with Cinccino merchandise such that a reasonable customer would think you’re affiliated with the Pokémon franchise, you’re fucked, whether you registered your trademark or not. Even under common law trademark doctrine, if consumers would be confused as to the source of the product, you’re liable.
