It is your choice whether to file for federal trademark registration. The benefits include:
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.
Results in the USPTO’s search database are limited to federal trademark applications and registrations and do not include the trademarks of other parties who may have trademark rights but no federal registration.
These rights, known as “common law” rights, are based on use of the trademark in commerce within a particular geographic area. You may only be able to enforce those rights in the specific areas in the United States where you use the trademark if the use covers less than the entire country.
Therefore, we encourage you to search the Internet, state trademark databases, and business name databases for references to similar trademarks that are related to your goods or services.
You may instead choose to hire a licensed attorney to help with your trademark application. For more information, go to our Hiring a U.S.-licensed attorney page.
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.
Registering your trademark with the USPTO creates rights throughout the entire United States and its territories, and includes your registration in our 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.
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.
Your trademark registration can last forever, so long as you continue to use your trademark in commerce and provide us 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.