Comment Re:Should be simple (Score 1) 92
Use in commerce matters too.
From: http://www.uspto.gov/sites/def...
Is federal registration of my mark required?
No. In the United States, parties are not required to register their marks to obtain protectable rights.
You can establish “common law” rights in a mark based solely on use of the mark in commerce,
without a registration. However, owning a federal trademark registration on the Principal Register
provides a number of significant advantages over common law rights alone, including:
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 (whereas a
state registration only provides rights within the borders of that one state, and common law
rights exist only for the specific area where the mark is used);
Public notice of your claim of ownership of the mark;
Listing in the USPTO’s online databases;
10
UNITED STATES PATENT AND TRADEMARK OFFICE
The ability to record the U.S. registration with the U.S. Customs and Border Protection Service
to prevent importation of infringing foreign goods;
The right to use the federal registration symbol “®
”;
The ability to bring an action concerning the mark in federal court; and
The use of the U.S. registration as a basis to obtain registration in foreign countries