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Is it mandatory to register a trademark?

Senior Trademark Attorney

No, registering a trademark is not mandatory. In some jurisdictions, rights can even be acquried through common law usage. In other words, using a mark in commerce may establish some rights, though those are generally restricted to the geographical area and depend on the extent of the mark's actual use and reputation.

Despite no legal requirement to obtain a trademark, trademark registration is strongly advisable. A registered trademark provides a higher level of protection and broader rights than common law usage, and it grants exclusive rights nationwide rather than being limited to the area where the mark is actively used.

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