Is Registration of Your Mark Required?

Is Registration of Your Mark Required?
Registering a trademark is not required by law. However, most businesses choose to do so. You
can establish rights in a mark based on legitimate use of the mark. However, owning a federal
trademark registration on the Principal Register provides 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.