Is it mandatory to register a trademark?

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Written by Tomas Orsula

Senior Trademark Attorney

Trademark registration is not mandatory in all jurisdictions, as trademark rights can be acquired through common law usage. By simply using a mark in commerce, an individual or business may establish some rights in that mark. These rights are generally restricted to the geographical area where the mark is used and may be subject to the actual use and reputation of the mark.

However, despite the absence of a legal requirement, registering a trademark is highly recommended for several reasons. One significant advantage of trademark registration is that it provides a stronger level of protection and broader rights than those obtained through common law usage. With a registered trademark, you gain exclusive rights to use the mark in connection with your goods or services nationwide, rather than being limited to a specific geographic area.

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