Overview

Being the first to use a trademark—not registering it—makes you the owner of a trademark. But registering your trademark with the U.S. Patent and Trademark Office will make it easier for you to enforce your legal rights as a trademark owner because it makes you the presumed owner of the trademark. If a dispute over the trademark arises, and a lawsuit is filed, it will be up to the other party to convince the court that you are not the owner.
In addition, once your mark is registered, every later user is presumed to know about it. Any infringement by them will be presumed deliberate, making you eligible for triple damages (three times the amount of money you actually lose as a result of the infringement), profits earned by the defendant as a result of the infringement, and possibly attorney fees. If you can't sue for these enhanced damages, you may well have trouble finding an attorney to take your case without a very large retainer fee. And if you can't find an attorney, you may well have trouble enforcing your rights as a trademark owner.
This chapter explains how to file your trademark application online. If you need more help once your application is filed, check the resources discussed at the end of this chapter.