Do I have to register my trademark to receive protection?

Trademark registration is not required to receive common law trademark protection but an unregistered trademark will not enjoy the following benefits provided to registered marks:

  1.  Public notice of your claim of ownership of the mark
  2. 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/services listed in the registration
  3. The ability to bring an action concerning the mark in federal court
  4. The right to seek incontestable status after five years of continuous use on the principal register
  5. The use of the U.S. registration as a basis to obtain registration in foreign countries
  6. The ability to record the U.S. registration with the U.S. Customs and Border Protection (CBP) Service to prevent importation of infringing foreign goods
  7. The right to use the federal registration symbol ®
  8.  Listing in the United States Patent and Trademark Office’s online databases.


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Contact The Trademark Source - (844) 413-1711