A registered trademark in the USA offers protection in all 50 states and U.S. territories such as the Virgin Islands, Guam, American Samoa, and Puerto Rico. However, it does not automatically prevent others from registering a trademark in Puerto Rico, so filing locally there is also recommended if you plan to enforce your rights.
As the U.S. is a Madrid System member, brand registration in the USA can also be obtained through an international application via the World Intellectual Property Organization (WIPO). Likewise, a U.S. trademark can be used as a basis to request international extensions.
Because the United States follows a first-to-use rule, legal rights are granted to the party that first uses the trademark in commerce, not necessarily the one who registers it first. While some may wonder whether they need to register their trademark, doing so provides presumption of ownership and is essential for legal enforcement.
Registering a trademark in the US only protects the specific version filed. If your brand includes both text and logo, separate applications are recommended to ensure complete protection.
When filing a logo in the USA, applicants must decide whether or not to claim specific colors. While this choice doesn’t affect the cost, it does impact the legal scope of protection.