What are Trademark Registration Basics?

It is possible to have a trademark without registering it with the United States Patent and Trademark Office. This is known as a common-law trademark, typically signified by a TM after the mark. However, there can be several advantages to registration including the following:

Nationwide Protection

If you can show that your mark has been used across state lines (i.e., in interstate commerce), then you can register your trademark with the United States Patent and Trademark Office (USPTO). Once you receive a federal trademark registration, you will be able to enforce your mark in all states, regardless whether you have used the mark in all states.

Constructive Notice of Right to Use

Registration puts others on notice of a trademark owner’s rights to use the mark and stop others from using the mark.

Refusal of Later-Filed Applications That Are “Confusingly Similar”

This relates to the constructive notice of right to use because later-filed trademark applications that are similar and cover similar goods/services will not be allowed registration.

Ability to use ® symbol

This is another aspect of notice. Using this symbol is only permitted when a mark has been registered.

Ability to Register in Foreign Countries

A federal trademark registration in the United States may be used as a priority document for later registrations in other countries.

Statutory Damages and Attorneys’ Fees

Statutory damages and attorneys’ fees available in federal litigation relating to trademark infringement when a federal trademark registration is involved.

Trademark Services

Our trademark attorneys offer comprehensive trademark and brand development services including: 

• Trademark Management

• Trade Dress

• Trademark Opposition & Cancellation Proceedings

• Trademark Registration & Maintenance

• Trademark Licensing

• Trademark Infringement Defense

• Trademark Protection

• Right of Publicity

• Trademark Portfolio Enforcement

• Cybersquatting

• UDRP Domain Name Proceedings

• Trademark Indemnity & Indemnification Agreements

See our Trademark Registration Process for an overview of the trademark process from a search through registration of a trademark.  See also our Trademark Cost & Pricing Options for a discussion of how much a trademark costs and how we bill for our services.

See our Legal FAQs page for the answers to more intellectual property law questions.

Klemchuk PLLC is a leading intellectual property law firm focusing on litigation, anti-counterfeiting, trademarks, patents, and business law. We help clients protect innovation and increase market share through investments in IP.

This article has been provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please consult your attorneys in connection with any fact-specific situation under federal law and the applicable state or local laws that may impose additional obligations on you and your company. © 2023 Klemchuk PLLC