What is trademark registration?
Registration is a process by which trademark rights can be significantly enhanced. The registration process can be begun based on actual use of the mark in commerce or on an intent to use the mark in commerce. However, if the registration process is begun based on an intent to use the mark, a registration for the mark will not issue until use in commerce is demonstrated. Registrations are territorial. Thus a registration for a particular state or country generally confers no benefits outside that state or country. However, without registration, the rights in a mark are geographically limited to the specific trading areas in which the mark has been used. Federal registration of a trademark that is used in interstate commerce entitles the owner of the mark to several important benefits: 1. The owner can bring an action for trademark infringement in federal court. Furthermore, he can recover profits, damages and the costs of bringing the action from an infringer. 2.
Registration is the process of formally recording your trademark with the United States Patent and Trademark Office (“PTO”). Is registration of a trademark required? No. Common law trademark rights are established when a mark is used in commerce to identify one’s goods or services. However, common law trademark protection is much more limited than the statutory protections afforded to registered trademarks. Why should I register a trademark? Registering a trademark on the Principal Register of the PTO provides the greatest protection for your trademark. Registration on the Principal Register is available for trademarks that are distinctive.
It is not necessary to register a trademark or service mark to prevent others from infringing upon the trademark, but registration helps us to limit any infringement and to allow the University to protect its property rights. Trademarks generally become protected as soon as they are adopted by an organization and used in commerce, even before registration. Goods or services sold exclusively within one state often are subject to state registration. More commonly, the fact that goods and services are sold through interstate commerce often entitles the trademark to federal registration. With federal registration, the registrant is presumed to be entitled to use the trademark throughout the United States for the goods or services for which the trademark is registered. Other organizations attempting to register the trademark will not be entitled to do so.
Trademark registration is a procedure in which the United States Patent and Trademark Office (PTO) provides an at least initial determination of rights based upon legitimate use of the mark. However, it is not necessary to register a trademark or service mark in order to prevent others from infringing upon the trademark. Trademarks generally become protected as soon as they are adopted by an organization and used in commerce, even before registration. With a federal trademark registration, the registrant is presumed to be entitled to use the trademark throughout the United States for the goods or services for which the trademark is registered.
Trademark registration is a procedure in which the United States Patent and Trademark Office (PTO) provides a determination of rights based upon legitimate use of the mark. However, it is not necessary to register a trademark or service mark to prevent others from infringing upon the trademark. Trademarks generally become protected as soon as they are adopted by an organization and used in commerce, even before registration. With a federal trademark registration, the registrant is presumed to be entitled to use the trademark throughout the United States for the goods or services for which the trademark is registered. << Back to Inventor's Guide Table of Contents...............
