Thus, if you are using your new name or mark, unless that mark is descriptive or generic, you already own trademark or trade name rights within the geographic area where you are using the mark. No registration is required to obtain trademark or trade name rights within that geographic area. However, additional benefits can be obtained by registering your mark with Trademark Office. For example, if your mark is federally registered, your rights extend nationwide, even into geographic areas where you have not actually done business. Federal registration also provides you with the presumption that the mark is valid and enforceable in the event of a dispute.
Federal registration involves a formal application process and the payment of a filing fee.
State registration, while less valuable than federal registration, does provide constructive notice to others that you claim rights to the registered mark. State registration is generally very inexpensive and can be accomplished without the help of a lawyer. Federal trademark registration usually makes sense for businesses that intend to spend substantial effort and money marketing or advertising their business or products. Federal registration is less important for businesses that do not anticipate generating revenues sufficient to justify or support litigation costs. Many of the benefits of registration are not realized unless the mark owner is prepared to protect the trademark rights the business has business has acquired.