Do I have to register my trademark?

Register my trademark

In one form or another, “do I have to register my trademark” is usually one of the first questions that someone embarking on the journey to trademark registration will ask.

The simplest – and maybe simplistic – answer to this question would be “You don’t have to, but you should”. Here’s why, in less simplistic terms.

Colors in trademarks - To claim or not claim

Color claim

Registering to protect one’s trademark is a must for any business. When determining what to register and how, the analysis is usually and wrongly limited to determining the following:

What should you register as a trademark

Determining the products or services for which one should register the trademark

Trademarks and Amazon’s Brand Registry

Amazon's Brand

Amazon is a monster, but in the good sense of the word… This one-stop shop for everything you may need - and in most cases not - is the perfect meeting place for responsible consumers, shopaholics and sellers.

In this virtual marketplace that allows for the average Joe to compete face to face with big business, how can a seller, either small or large, get an edge over their cutthroat competitors? Well, the solution is simple… as always, trademarks (brands).

Choosing the filing basis for a US trademark

Registered trademark USA

In order for a trademark to register in the USA it must either be in use inside the territory of the United States, or registered abroad. For this reason, whenever one files an application with the USPTO, a “filing basis” must be specified, indicating on which basis the applicant registers the trademark in the USA.

Trademarks Areas of Special Sovereignty

Trademarks Areas

As a general rule, registered trademarks will only be recognized in the country where they are registered. However, many countries have territories (territorial dependencies) where a country’s law is completely recognized, only partially recognized, or may even have complete autonomy when it comes to intellectual property or trademark matters.

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