When Do You Need to Register a Trademark or Copyright?

In the United States, you automatically have some trademark and copyright protections if you meet certain conditions.  However, to get international protections, and to be able to really enforce your trademarks and copyrights, you will need to register them.  But if you had to register everything, it would be expensive and time consuming — so when do you draw the line? 

As soon as you start using a word or symbol in interstate commerce in the United States, you have some common law (state law, not federal law) protections for your trademarks.  But, if you want to be able to enforce your trademark, you will want to file a trademark application before the United States Patent & Trademark Office to stake your claim on your mark.   If you have a U.S. trademark, then you will be established the date that you started using your mark in commerce, and a bunch of burden-shifting rules will apply that will make it easier to sue and enforce your trademark.

So when do you want to file?  If you have a word or symbol that is unique and valuable, then you may want to file.  If you have a name that is central to your business, you may want to file.  Trademark applications do cost a few hundred dollars, so you may not want to file for the name of every product — but the more unique the words and symbols you are using, and the more valuable they are to you, the more likely you want to register the trademarks. 

Copyrights are similar.  As soon as you memorialize your creative work in a tangible format, you have a United State copyright on it.  For example, a speech is not copyrighted, but if you record the speech or have it transcribed, then it is copyrighted.   But if you want to sue someone, you must have a registered copyright.  Copyright applications, filed with the U.S. Copyright Office, are generally $30 each.  So, you can do a bunch of them, but can’t afford to register copyrights on every blog post or article — typically you should register valuable or larger works, like your eBook or keynote presentation.

But what if you are doing commerce internationally?  And, BTW, if you have a blog or website, you are international.  Many countries, including the U.S., have signed international, multi-country treaties, such that if you have a trademark or copyright in one country, then you can enforce it in all countries.  But in some countries, they do not honor trademarks or copyrights unless they are registered — and whoever registers first wins (even if they were not really the first to use or create it). 

So generally, the more valuable a mark or work is to your business, the more likely you should register it. 

Related posts

• Is Registering Your Domain Enough, or Do You Also Need to Register a Trademark? (1)