Do I Have to Register My Trademark?

No, you are not required to register your trademark with the USPTO to have trademark rights. Common law trademark rights can be established through use of a trademark in commerce, regardless of whether the trademark is registered with the USPTO.

However, even though obtaining a federal registration issued by the United States Patent & Trademark Office (USPTO) js not required, it provides many benefits, including trademark protection throughout the U.S. and its territories. It creates a legal presumption that you own the trademark, have the right to use it, and can sue in federal court concerning it. A trademark registration with the USPTO also provides the basis for filing for trademark protection in foreign countries. Plus, using the ® symbol may keep others from using a mark confusingly similar to yours.

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