Categories
Trademark Protection

What does the USPTO not do?

The USPTO does not:

  • Decide whether you have the right to use a mark (which differs from the right to register). No law requires that you federally register your mark in order to acquire rights in the mark;
  • Enforce your rights in the mark or bring legal action against a potential infringer;
  • Conduct trademark searches for the public;
  • Comment on the validity of registered marks;
  • Assist you with policing your mark against infringers;
  • Assist you with recordation of your mark with U.S. Customs and Border Protection;
  • Answer questions prior to filing on whether a particular mark or type of mark is eligible for trademark registration; or
  • Offer legal advice or opinions about common law trademark rights, state registrations, or trademark infringement claims.

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