If you use your trademark but don’t register it with the USPTO, you have common law trademark protection. You may be able to stop other people
from using your trademark; however, only in your immediate geographic area. While this may be an expectable outcome for a small local business,it may not be much help for Internet-based businesses with a nationwide and international scope.
By registering a trademark, you gain several advantages:
- You will secure nationwide trademark protection.
- Your trademark ownership becomes part of the USPTO’s database,
- creating a public record of your ownership and
the date you began using the trademark.
- People who conduct a trademark search will see
your trademark and may be less likely to use it.
- You can file a lawsuit in federal court to enforce your trademark.
- Registration creates a legal presumption that you
own the trademark and can use it for the goods and services listed in
your trademark application.
- This is helpful if you ever need to sue someone to enforce your trademark.
- Registration may allow you to register your trademark in other countries.
- Registration gives you the right to use the registered trademark symbol, ®.
The numerous advantages of trademark registration have led to millions
of trademarks being registered with the USPTO.
However, not all business names are eligible for trademark