Mertzel Law PLLC

In the United States, trademark rights arise from use. Once you start using a mark and building a reputation, you have “common law” rights in the mark. However, if an infringement situation arises, you will have the burden of proving your common law rights in the geographic area where the mark is known.

 

Most businesses will seek a federal trademark registration for their important marks. Federal trademark registration provides important benefits including:

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• a legal presumption of your ownership of the mark and your exclusive right to use it nationwide on or in connection with your goods or services;

• public notice of your claim of ownership of the mark;

• listing in the USPTO’s online databases;

• the ability to record the mark with US Customs and Border Protection to prevent importation of infringing foreign goods;

• the right to use the federal registration symbol ®;

• the ability to sue for infringement of a registered mark in federal court; and

• the ability to use the registration as a basis for a foreign registration.