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Trademark Basic Facts
Is registration of my mark required?
No. 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.
When can I use the trademark symbols TM,
SM and ®?
Any time you claim rights in a mark, you may use
the "TM" (trademark) or "SM"
(service mark) designation to alert the public to
your claim, regardless of whether you have filed
an application with the USPTO. However, you may
use the federal registration symbol "®"
only after the USPTO actually registers a mark,
and not while an application is pending. Also, you
may use the registration symbol with the mark only
on or in connection with the goods and/or services
listed in the federal trademark registration.
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