Posted on September 26, 2024

Understanding Trademark Registration and Protection

While it's not mandatory to register your trademark with the U.S. Patent and Trademark Office (USPTO) to gain protection, doing so offers several significant benefits:

1. Public notification of your trademark ownership, potentially deterring others from using it.
2. A legal presumption of nationwide ownership and usage rights for the goods and services specified in your application.
3. The ability to bring a lawsuit in federal court for trademark enforcement.
4. A foundation for obtaining trademark registration internationally.
5. The option to record the trademark with U.S. Customs and Border Protection, preventing the import of infringing goods.
6. The privilege to use the registered trademark symbol, ®.
7. Inclusion in the USPTO’s online databases, which can further deter potential infringers.

Symbols and Their Meanings: TM, SM, and ®

• TM: Indicates a claimed trademark. It can be used without USPTO registration.
• SM: Represents a claimed service mark. Like TM, no USPTO registration is required.
• ®: Denotes a registered trademark. It can only be used after the USPTO approves your application and grants a registration certificate. This symbol is exclusive to the goods or services listed in your application. To continuously use this symbol, the registration must remain active.

Typically, these symbols are positioned in the upper right corner of the mark, though placement isn't strictly regulated.

Trademark Registration Duration

A trademark registration is valid for 10 years, with the possibility of renewing for subsequent 10-year periods. However, to maintain the registration:

• Between years 5 and 6 post-registration, a Declaration of Continued Use/Excusable Nonuse, a specimen, and a fee must be submitted.
• Between years 9 and 10, and every decade thereafter, a Declaration of Use and/or Excusable Nonuse/Application for Renewal is required.

For more details on renewals and declarations, the USPTO website is a valuable resource.

State-Level Trademark Registration

Beyond federal registration, trademarks can also be registered at the state level in the state where your business operates. This offers protection within that state and is beneficial if your offerings are state-specific. However, it lacks the broader protection of federal registration. Each state has its own registration prerequisites.