Legal protection for trademarks can be acquired by use or registration. Rights can be established by legitimate use of the mark. This protection is established automatically when actual legitimate use of the mark occurs for either business or commercial purposes. Usually, the first person to file an intent to use application with the U.S. Patent Office or the first to use it in commerce has the right to it.
Registering a trademark gives the mark’s owner additional protection. Having a federal trademark registration provides advantages such as:
- The ability to bring action dealing with the mark in federal court
- Obtaining registration in other countries
- Notice to the public of the ownership of the trademark
- The right to use the mark nationwide or in connection with goods listed in the registration