You must keep your registration active to continue to use the registered trademark symbol.
You can only use the ® symbol in connection with the goods or services identified in your trademark application. Simply filing a trademark registration application does not give you the right to use ®. You cannot use the ® symbol until the USPTO has approved your application and issued you a registration certificate. The circle-R symbol ® signifies a registered trademark. You can use these symbols even if the USPTO refuses your application to register your mark. Similarly, if you claim that you own a service mark, you can use the symbol SM. Anybody who claims they own a trademark can use the TM symbol-you do not need to register the trademark with the USPTO. The symbol TM notifies the public that you claim a trademark in whatever you have marked with the symbol. This may deter others from using your mark.
Registered trademarks are listed in the USPTO's online databases. Registered trademark owners have the right to use the registered trademark symbol, ®. Customs and Border Protection Service to prevent infringing goods from being imported. You can record a trademark registration with the U.S. registration can be used as a basis for obtaining a trademark registration in another country. Registered trademark owners can file a lawsuit in federal court to enforce their trademarks.Ī U.S. This can be important if you ever need to sue someone to enforce your trademark rights. Registration creates a legal presumption that you own the mark and have the right to use it nationwide for the goods and services listed in your trademark application. This may help discourage others from using it. Registration notifies the public that you claim ownership of the mark. However, registration has several important advantages: You can obtain a common law trademark simply by using your trademark in your business. Patent and Trademark Office (USPTO) to receive trademark protection. You do not have to register your trademark with the U.S.
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