Trademarks: Should I get a Registration?


In a previous post I discussed the ‘in use’ aspect related to a federal trademark registration, and how this ‘use’ has a relationship to actual ‘use in commerce’.  But what if you don’t have (or don’t want to get) a federal registration - can a you still obtain rights?

Luckily the answer is ‘yes’!  The acquisition of federal trademark rights under the Lanham Act (at least here in Texas, and more aptly the 5th Circuit) is established by use, not by registration.[1]  The State of Texas has a similar provision (“Trademark" means a word, name, symbol, or device, or any combination of those terms, used by a person to…”).

So just what are the benefits of going through the rigor of obtaining a Registration?