Starting an Online Business All-in-One For Dummies®, 3rd Edition

Making Your (Trade)Mark

Do you have to register your work to be protected? No. You might be surprised by this answer, but a federal trademark isn't a necessity. Suppose that you design a symbol to be used as the logo for your online business. By placing that logo on your site, and using it there and on any other business materials, you have established rights to it. So, why bother to officially register it? Obtaining federal registration acts as a notice to the public that you own the mark. It can also assist you if you decide to take action in a federal court to stop someone else from using your work. Also, if you want to register your logo outside the United States, the official registration provides the basis for you to do so.

Even if you choose not to formally register your work, you can use the trademark symbol anyway. After you establish that brilliant tagline or artistic logo, go ahead and place the trademark symbol (™) near your work.

However, you cannot use the symbol showing that the work is officially registered until you apply for registration and receive final notification that your mark is registered. At that time, you can use the registered symbol (®).

Having a registered trademark doesn't prevent others from infringing on its use. After your work is registered, it's up to you to enforce it.