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. There are common law rights one establishes simply by using a mark in commerce.
However, having a federal 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 mark.
- Establishes a legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration.
- Allows the registrant to bring an action concerning the mark to 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.
Allows you to use the ® symbol. Any time you claim rights in a mark, you may use the ™ (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 ® after the USPTO has actually registered the trademark, not while an application is pending. You can only use the registration symbol on or in connection with the goods and/or services listed in the federal trademark registration.