Do Trademarks have to be Registered?
Trademarks are intellectual property rights that can be established in common law, without the need for registration. However, registration of a mark at either the state or federal level provides important benefits. Registration creates a public record of the claim to those rights providing notice to third parties, which is important in a dispute regarding those rights.
Federal trademark registration advantages include, for example
• public notice of the claim
• legal presumption of ownership (nationwide)
• exclusive rights
• ability to sue in federal court for infringement of rights
Trademark owners should register their marks if they want to protect from confusingly similar use of these marks by third parties. Becoming known by consumers through brand names and marks for excellent quality in providing goods and/or services is a valuable business achievement that grows the goodwill of a business. Therefore, protecting trademarks used to offer the goods/services becomes even more important when third parties are likely to try to pass off their goods/services under a similar mark to capitalize on consumers mistakenly seeking authentic goods/services under the mark.
Although registration is not necessary to acquire trademark rights, registration provides the strength and requirements to best legally enforce trademark rights through online takedown requests and/or federal litigation. Many online marketplace and social media platforms will take no action against an infringing party unless a federal registration can be presented to easily show rights in the intellectual property at issue.
Klemchuk PLLC is a leading IP law firm based in Dallas, Texas, focusing on litigation, anti-counterfeiting, trademarks, patents, and business law. Our experienced attorneys assist clients in safeguarding innovation and expanding market share through strategic investments in intellectual property.
This article is provided for informational purposes only and does not constitute legal advice. For guidance on specific legal matters under federal, state, or local laws, please consult with our IP Lawyers.
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