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Is trademark registration mandatory?

Registering a trademark may not be compulsory, but it is a good idea. A handful of countries like the United States and Canada recognize unregistered trademarks but offer them less legal protection than ones that are properly registered. Using your mark without formal registration in many countries does not offer sufficient legal grounds to defend your property. Without a registered trademark on file, it is possible for people and businesses from other nations to successfully conduct business under your name in your local market and eliminate any brand distinction.

We recommend you register a trademark in every country, territory, or jurisdiction where you offer your products and services. You do not need to actively use that mark to file a trademark registration application in most countries. However, some nations have a use requirement. Some countries like the United States follow common law and recognize the priority of first use over first filing.

Registering a trademark affords you legal protection and security in the event a dispute arises about the use of your mark in commercial endeavors in foreign countries too. Business activity is global. Your unique ideas and hard work will attract attention from people who see an opportunity to benefit from your idea and good name in their local markets. Protect your business just like you insure your house and your car from accident and theft. We recommend you register as many trademarks as you need if each mark follows registration guidelines.

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