What is trademark registration?
I’ve noted that registration is not required to establish rights in a mark or to begin use of a mark. However, federal (as distinct from state) registration with the USPTO can secure benefits beyond the rights acquired by merely using a mark. For example, the owner of a federal registration is presumed to be the owner of the mark for the goods and services specified in the registration, and to be entitled to use the mark nationwide, as opposed to just in the area of actual use and the natural zone of expansion therefrom, as is the case without registration. For these reasons, a federal registration can provide significant advantages to a party involved in a court proceeding. We’ll talk more about registering a trademark in my next column as well. (Some people who are using a mark locally will choose to file for state trademark registration.
