How do you obtain a trademark?

Intellectual Property: With the "common law" component  of USTPO trademarks, why would it ever be necessary to obtain a registered trademark?

  • What is the point of obtaining a trademark?At the end of the day it provides no protection since common law use of a mark takes precedence?

  • Answer:

    Here is the response from the USPTO - http://www.uspto.gov/trademarks/basics/BasicFacts_with_correct_links.pdf SHOULD I REGISTER MY MARK? Is federal registration of my mark required? No. You can establish rights in a mark based on use of the mark in commerce, without a registration. However, owning a federal trademark registration on the Principal Register provides a number of  advantages, including:  • A legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration (whereas a  state registration only provides rights within the borders of that one state); • Public notice of your claim of ownership of the mark; • Listing in the USPTO’s online databases; • The ability to record the U.S. registration with the U.S. Customs and Border Protection Service to prevent importation of infringing foreign goods; • The right to use the federal registration symbol “® ”; • The ability to bring an action concerning the mark in federal court; and • The use of the U.S. registration as a basis to obtain registration in foreign countries.

Konstantinos Konstantinides at Quora Visit the source

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