POV: You own a trademark and don't even know it

"Yay! I don't even need to register my trademark??"

Common Law Rights

Yes, you could be the owner of a trademark under common law rights. 

However, the best way to protect a trademark is still through a federal registration.

Federal Registration of a Trademark

• It gives you nationwide priority rights.

• It gives you status for pursuing infringers.

• It allows you to take down online infringements.

Fair warning: It is way more expensive and more complicated than a copyright registration. And it isn't something we (or the Trademark Office) would recommend doing on your own. 

But when you're investing in branding, when you're investing in a business... you'll find that the value of a registered trademark could be worth it.

Got questions about your trademark? You know how to reach us.

Practical Legal Insights for Creative Individuals and Businesses

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