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question.jpgIn Trademarks

Do I have to register my trademark?

To protect your interests in and rights to a mark, it is not necessary to register it - as soon as you begin using the mark in commerce you gain trademark rights. However these “common law” rights are very limited, providing narrow protection in the geographic region where you are actually using your trademark. You can obtain stronger rights by registering your trademark with the state in which you are using the mark. However, you can get broader protection for your trademark can be obtained by seeking a federal registration. Among other things, a federal registration will give you broader rights because you can now protect your mark on a nationwide basis, rather than just in the state or geographic region where you are currently using the trademark. There are two ways to register your mark in the federal system - on the Principal Register or on the Supplemental Register.