Do I have to register my trademark?
No, but federal trademarking has several advantages, including notice to the public of the registrant’s claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration.
No, but federal registration has several advantages, including notice to the public of the registrant’s claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration.
It has come to my attention that seemingly a lot of trademark lawyers have been telling their clients that they “have” to register their trademark to protect it. Of course, federal registration is certainly helpful in protecting your mark. But is is necessary? The answer may surprise you, but it’s not necessary to register your trademark with the United States Patent and Trademark Office (USPTO) to protect your mark against infringement. Under U.S. law, you gain trademark protection once you have used the mark “in commerce”. This is often referred to as a common law trademark. You can use the “TM” indication (or “SM” for a service mark) after your mark at any time after beginning to use it in commerce (though you can only use the ® mark once you have a registered mark with the USPTO). So, why do people register their marks with the USPTO then? Well, for one, common law trademarks have some very serious limitations.
To protect your interests in and rights to a mark, it is not necessary to register it – as soon as you begin using the mark in commerce you gain trademark rights. However these “common law” rights are very limited, providing narrow protection in the geographic region where you are actually using your trademark. You can obtain stronger rights by registering your trademark with the state in which you are using the mark. However, you can get broader protection for your trademark can be obtained by seeking a federal registration. Among other things, a federal registration will give you broader rights because you can now protect your mark on a nationwide basis, rather than just in the state or geographic region where you are currently using the trademark. There are two ways to register your mark in the federal system – on the Principal Register or on the Supplemental Register.
No, but federal registration has several advantages, including notice to the public of the registrant’s claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration.
