Frequently Asked Questions

Do I have to register my trademark?

No, but if you register your trademark, it gives you certain benefits including:

notice to the public of the registrant's claim of ownership;

a presumption of ownership in the U.S.;

the exclusive right to use the mark on the goods or services. If you do not register the trademark, you may still have common law rights to your trademark.

If you are currently using your trademark on a product or service, by publishing a legal notice of your trademark rights through Trademarkia, your trademark will be searchable and published on Trademarkia next to registered U.S. and foreign marks. That way, many more potential infringers will be on constructive and actual notice of your legal rights. In many countries, mere use of a trademark first creates legal protection for you. Trademarkia publishes this legal right to the public so that you can put them on notice of your rights. If you are planning on using your trademark in the future, by publishing a legal notice of your intent to establish trademark rights through future use of your trademark, your trademark will be searchable and published on Trademarkia next to registered U.S. and foreign marks. There are no government filing fees to publish a legal notice of your common law trademark rights on Trademarkia. Alternatively, by paying government fees and filing to register your trademark, you can potentially get damages against infringement in addition to stopping others.