$19$ Perry started a new company called Thixxix, along with a distinctive trademark mark meant to identify the company. Perry doesn't bother to register the trademark. The year following the creation of his company, Perry sees a trademark logo for another company that looks just like the mark for Thixxix. Which of the following is true?

Perry has no trademark protection, since he did not register the trademark.

More than one response is correct.

Perry has trademark protection, since his mark is in use and is distinctive.

Perry would have had constructive trademark protection if he had registered his trademark for Thixxix.