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Trademark Registration

Is Registration of My Mark Required?

No. You can establish rights in a mark based on legitimate use of the mark. However, owning a federal trademark registration on the Principal Registerprovides several advantages, e.g.,

  • Constructive notice to the public of the registrant's claim of ownership of the mark;
  • A legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration;
  • The ability to bring an action concerning the mark in federal court;
  • The use of the U.S registration as a basis to obtain registration in foreign countries; and
  • The ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods.