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Registration
Common Law vs. Federal Registration
Understanding the crucial differences and why federal registration matters.
Common Law Rights
Rights acquired simply by using a trademark in commerce, without registration.
- •Protection limited to geographic area of actual use
- •Harder to prove ownership and priority
- •Limited legal remedies for infringement
- •Cannot use ® symbol (only ™ or ℠)
- •Risk that others will register your mark first
Federal Registration
Rights obtained by registering with the USPTO.
- Nationwide protection, even in areas where not used
- Legal presumption of ownership and validity
- Grants the right to sue in federal court
- Right to use ® symbol
- Ability to record with U.S. Customs to block imports
Why Federal Registration is Worth It
While common law rights exist automatically, they offer limited protection. Federal registration provides significant advantages that can save you money and legal headaches in the long run:
- • Deterrence: The ® symbol warns potential infringers
- • Incontestability: After 5 years of registration, you may seek "incontestable" status which insulates your trademark registration from some challenges
- • International priority: Basis for filing in foreign countries
- • Business value: Registered trademarks are valuable assets for licensing or sale
Ready to secure federal protection for your trademark?
Start the Registration Process