Do I Need to Register My Mark With the U.S. Patent & Tradmark Office?
No. You can establish rights in a mark based on legitimate use of the mark. However, owning a federal trademark registration on the Principal Register provides several advantages, e.g., • constructive notice to the public of the registrant’s claim of ownership of the mark • a legal presumption of the registrant’s ownership of the mark and the registrant’s exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration • the ability to bring an action concerning the mark in federal court • the use of the U.S registration as a basis to obtain registration in foreign countries; and • the ability to file the U.S. registration with the U.S.
