Trademark Registration

Register Trademark in USA

How to Register Trademark in USA | Procedure for Trademark Registration in USA | FAQ on Trademark Registration in USA

Trademark Registering in USA - FAQ

Registering Trademark in USA, Procedure for Trademark Registration in USA, How to Register Trademark

What are the benefits of a registered trademark?

Many people assume they can protect their trademark simply by using the mark in commerce. It is true that you are not required to register a trademark to achieve some level of protection and that one establishes common law rights simply by using a mark in commerce.

However, having a federally registered trademark on the USPTO's principal register provides several advantages:

◾Serves as constructive notice to the public of the registrant's ownership of the trademark
◾Establishes a legal presumption of your ownership of the mark and your exclusive right to use the trademark nationwide on or in connection with the goods and/or services listed in the registration
◾Allows the registrant to bring an action concerning the trademark in federal court
◾U.S registration can be used as a basis to obtain registration in foreign countries
◾Can be filed with U.S. Customs to prevent the importation of infringing foreign goods
Federal registration also allows you to use the (R) (the "Circle-R") symbol. Any time you claim rights in a trademark, you may use the TM (trademark) or SM (service mark) symbol to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you can only use the federal registration symbol (R) after the USPTO has actually registered the trademark, not without an application or while an application is pending. Following registration, you can only use the (R) symbol on or in connection with the goods and/or services listed in the federal trademark registration.

 

Do I need to register my trademark?

Not to use it. However, federal registration has several advantages, including notice to the public of the registrant's claim of ownership of the trademark, a legal presumption of ownership nationwide, and the exclusive right to use the trademark on or in connection with those goods or services set forth in the registration. Federal registration also allows the owner of a trademark to sue for infringement in federal court and to stop the importation of infringing material.