Trademark Thoughts with Tiffany™: Do I Really Need to Register My Mark?

A question often asked our chat is: “I’ve already been using my business name for [X] years. Isn’t it already mine?” The honest answer is: partly.

Common law rights arise from use.

In the United States, you can acquire trademark rights by using a mark in commerce. However, those rights are typically limited to the geographic area where you actually do business and are known. For example, if you sell from a small storefront in one city, your protection may not reach much farther.

Federal registration expands your position.

Registering with the United States Patent and Trademark Office (USPTO) generally offers:

• Nationwide priority. Your rights become nationwide as of your filing date, regardless of where you currently sell.

• Public notice. Your mark appears in the federal register, which helps discourage others from adopting something similar and shows up in their own searches.

• Legal presumptions. Registration gives you presumptions about ownership and validity that makes enforcement easier.

• Access to federal court and tools such as filing with customs to help stop counterfeit imports.

• Use of the ® symbol. Only registered marks can use the ® symbol. Until then, ™ or ℠ is appropriate to show your intent to file a trademark application.

So do I need to register?

It’s not a requirement to have and run a successful business. But if your brand is your brand is your business, and you plan to sell online, expand, license, franchise, or eventually sell the company, registration is one of the most cost-effective protections available.

Is there a risk if I choose to wait?

Yes, someone else can file first. If a later user of a similar name registers before you do, you may find yourself defending your own brand.

Ready to find out where your brand stands?

Schedule a consultation with VirtuEdge Legal and we’ll walk through your options.

This is general education and not intended to be legal advice. For guidance on your specific situation, consult with a licensed attorney.