No. Registering a trademark is optional, not mandatory. In the United States, a trademark arises from use, not registration, so it is possible to own a valid trademark without registering it. Until a trademark is registered, it is called a “common law ” trademark. A common law trademark may be enforced in court without registering […]
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A comprehensive trademark search is one that is intended to discover conflicting and potentially conflicting trademarks of any kind, including both federally registered trademarks and common law trademarks. In includes both a USPTO search and a common law search. Sources searched include: USPTO database; State trademark databases; Business directories; Trade journals; Social media; The Internet
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A common law trademark search is a search for trademarks that are not federally registered.
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A “live” trademark registration or application is one that is active (on either the Principal or Supplemental Register), or pending (one that has been applied for and is undergoing examination.) A “dead” trademark registration or application for registration is one that has been abandoned, withdrawn, or cancelled. The distinction is important because the USPTO will
The USPTO trademark database includes federally registered trademarks (both the Principal and Supplemental Registers), trademarks for which federal registration has been applied, and trademarks that were formerly registered at one time but no longer are. Common law trademarks for which federal registration has never been sought are not in the USPTO database. A search for
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A trademark lasts for as long as it continues to satisfy the five criteria for a valid trademark. It is important to distinguish between registration of a trademark and the existence of the trademark. Rights incident to the registration of a trademark can be lost by failing to renew the registration or through cancellation of
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A trademark comes into existence when a word, logo or other thing is used in commerce to identify the source of a product or service and distinguish it from others. In some countries, registration is necessary. In the United States, registration is not necessary. In the United States, a trademark arises automatically by use in
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A common law trademark is a trademark that has not been registered with the USPTO.
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