For instance, a local advertising agency would have rights in its name as a service mark for the area in which its clients are located. There is no requirement for a mark to be registered before its use in the United States, and registration is not needed to enforce rights in a mark. However, most sophisticated trademark owners choose to register their marks to take advantage of the benefits afforded under the federal trademark statute. Registration confers nationwide priority rights in the mark, effective from the filing date of the application. Registration confers a rebuttable presumption of proof of the registrant's exclusive right to the mark.
Registration gives federal courts jurisdiction to hear most claims involving the mark.
A registered mark will turn up in searches conducted by others for the same or similar marks. Trademark applications in the United States may be based on use of the mark, or on a bona fide intention to use the mark in the future. D.C. Applications are reviewed by PTO examiners on a number of grounds, and the majority of applications are rejected, initially, on one or more grounds. The most common bases for refusal are that the mark describes an ingredient, quality, characteristic or function of the goods or services in some manner, or that it too closely resembles a mark previously applied for or registered by another. Applicants are given at least one opportunity to respond to any objections.