USPTO trademark registrations provide trademark owners additional rights and benefits they do not receive based solely on common law trademark rights.
Any entrepreneurs or company that uses a product, service or company name in commerce automatically acquires common law trademark rights. Common law trademark rights are limited to the area where the trademark is used and are difficult to show and prove in court.
Where common law trademark rights are lacking, a United States Patent and Trademark Office (USPTO) trademark registration give trademark owners additional protections, such as nation wide trademark protection, increased advantages in trademark infringement cases, the right to use the ®-symbol after the trademark and more. For a full explainer of the benefits of a trademark registration, see our full blog post on the topic here.
In order to obtain a trademark registration, trademark owners, on their own or with the assistance of trademark counsel, need to file a trademark application with the USPTO. The trademark application process, if everything goes smoothly takes ten months to a year. For more information about the trademark application process, click here.
To ensure the process goes as quickly as possible, trademark owners should consider hiring a trademark attorney to prepare and file their trademark application rather than file it themselves. Trademark applications filed by trademark attorneys are more likely to be successful and become trademark registrations.
When trademarks are registered with the USPTO, a trademark registration issues
Do you have any questions about trademark registrations or do you want to file a trademark application with the USPTO? Contact us today for a Free Trademark Consultation today and one of our trademark attorneys will reach out to you within 24 hours.