Do we have to register our mark to protect it in the U.S.?
Theoretically no. Trademark rights in
the U.S. can be protected under common law without a registration.
However, to enforce these common-law rights, it usually requires a
large expenditure of money to prove and establish common-law
ownership. In dollars and cents, it is more practical to obtain a
federal registration for your mark. Should you have to protect your
mark, this registration is proof that the U.S. Trademark Office has
determined that you own the mark.
Last update on September 28, 2009 by Administrator.