It's a free country; It is your choice whether to file for trademark protection. That said, if you

have invested time and money into your brand, logo, company or other business assets, you

should meet with a good attorney about what a Trademark can do for you.

The benefits of a Trademark include:

. Trademarks are listed in the USPTO database of registered and pending trademarks. This provides public

notice to anyone searching for similar trademarks. They will see your trademark, the goods and services

on your registration, the date you applied for trademark registration, and the date your trademark

registered.

. Legal presumption that you own the trademark and have the right to use it. So, in federal court, your

registration certificate proves ownership, eliminating the need for copious amounts of evidence.

. Can use your registration as a basis for filing for trademark protection in foreign countries.

. Right to bring a lawsuit concerning the trademark in federal court.

. May use the federal trademark registration symbol, ®, with your trademark to show that you are

registered with the USPTO. This may help deter others from using your trademark or one too similar to

yours.

. Record your registration with U.S. Customs and Border Protection (CBP). They can stop the importation of

goods with an infringing trademark.

Federal, state, and international registration

How you choose to protect your trademark is up to you. You are not required to register your

trademark, but where or whether you decide to register your trademark can determine the scope

of your rights. Specifically, you can rely on common law rights or file for state, federal, or

international trademark registration.

Common law rights

If you haven’t filed for state or federal registration, your trademark protection is based solely on

using your trademark in commerce within a particular geographic area. This limits your rights, as

you can only enforce your trademark rights for the specific area where your trademark is used.

State trademark registration

Registering your trademark with your U.S. state creates rights in that state only. Your trademark

is not protected if you expand your business across state lines into another state where your

trademark is not registered. If you decide to expand your business across state lines, you’ll

need to decide if you want to register your trademark in that state or apply for federal

registration. Also, not all states have trademark registration databases, which means that third

parties will not be aware of your rights in that trademark. It’s your responsibility to prevent others

from using your trademark. See more information about state registration requirements.

Federal trademark registration

Registering your trademark with the USPTO creates rights throughout the entire United States

and its territories, and includes your registration in the USPTO publicly accessible database of

registered trademarks. You can use the ® symbol and you can generally rely on those rights to

protect your trademark as you expand your business across state lines. However, the USPTO is

not an enforcement agency, so you will be responsible for pursuing any infringing users.

International trademark registration

While there is no such thing as a “worldwide trademark” or a “worldwide trademark registration,”

you can register your trademark in multiple countries through the Madrid Protocol. This

international treaty allows you to file a single application that can then be applied to any of the

over 100 member countries, as long as you meet the legal requirements for registration in those

countries.

Although the Madrid Protocol creates something called an “international registration,” the

registration doesn’t create worldwide rights. The treaty simplifies applying for a trademark

registration in different countries, but it doesn’t automatically guarantee your trademark will be

registered in each country. Each country’s trademark office will review your application and

decide whether your trademark will be registered in that country.

How long does a federal registration last?

Your trademark registration can last forever, so long as you continue to use your trademark in

commerce and provide the USPTO with evidence that you’re still using it. Specifically, you need

to file maintenance documents with fees at prescribed, periodic intervals. For example, you

must file a maintenance document after your trademark has been registered for five years.

If you don’t maintain your trademark registration at these intervals, you’ll lose your federal

registration and will need to start the application process over. Learn more about maintaining

your federal trademark registration.