At Safford & Baker we do not file trademark applications.  We prefer to outsource that rather mechanical task to people dedicated to cost-effectively churning out such applications.  We do, however, advise clients on trademark issues affecting their businesses and, on occasion, engage in trademark litigation on their behalf.  Since we advise a lot of start-up businesses, we are invariably asked if a company must register its trademark.

The short answer: no.  You do not have to federally register your trademark to enjoy a minimum level of protection.  You begin establishing rights in your mark simply by using it in commerce.  You can even use the trademark symbols TM or SM with your mark to alert the public to your claim.  (The ® symbol, on the other hand, is reserve for registered marks only.)

Owning a federal trademark registration provides several advantages though.  The most important advantages are (1) a legal presumption that you, in fact, own the mark and (2) the exclusive right to use the mark nationwide in connection with the goods and/or services listed in the registration.  Absent a federal registration, your use of a mark may be limited geographically or limited to use with only certain goods.

The more difficult question then is if you should register your trademark and, if so, when.  I’ll attempt to address these questions in a later post.

–Matt