Skip to Main Content

Trademarks: Protecting Your Trademark

Guide to understanding what a trademark is, the different types of trademarks, searching for United States registered trademarks and how to apply for one

It Is Your Responsibility To Act Against Infringement Of Your Trademark

  • The United States Patent and Trademark Office (USPTO) grants registered trademark status but is not responsible for halting the infringement of registered U.S. trademarks.  This is your responsibility and even applies in the infringement of common law trademarks, as well.
  • If you discover that your trademark has been violated by another party you can sue in either state or federal court depending on the circumstances.
  • You can also register your U.S. trademark with U.S. Customs and Border Protection (CBP) to give this agency the authority to interdict counterfeit imported goods.
  • If you intend to use your trademark in countries outside of the United States it would be a good idea to file in those countries using a single application made possible by the Madrid Protocol.  This will prevent others from filing for your trademark in foreign markets.