Principal Register

PLEASE KEEP IN MIND THAT THE U.S. PATENT AND TRADEMARK OFFICE DOES NOT ISSUE MARKS, IT ONLY REGISTERS THEM.

A common misconception about trademarks and service marks (collectively, “marks”) is that a business applies for them much like an inventor applies for a patent on an invention.  This is incorrect. The U.S. Patent and Trademark Office (“USPTO”) only registers marks that are already in use in commerce by the applicant for registration.  Although registration creates certain additional rights primarily related to enforcement, the applicant’s rights derive from its own use of the mark (or in some instances, the use by a related entity).