Principal Register
The main register, with the strongest rights.
Registration here gives nationwide constructive notice, a legal presumption of validity and ownership, the right to use the R symbol, and the ability to become incontestable after five years. This is what people mean by a registered trademark.
Why it matters to your application
This is what people mean when they say "registered trademark". It carries the presumptions that make enforcement practical: that the mark is valid, that you own it, and that your rights are nationwide rather than limited to where you happen to trade.
In order
- Check your mark is distinctive enough. Descriptive marks are usually refused here and offered the Supplemental Register instead.
- File, and expect examination against the existing register.
- Once registered, start the R symbol on the goods and services covered.
- Diary the Section 8 at year five to six, and consider Section 15 at the same time.
How this plays out
Two businesses use similar names in different states. The one with a Principal Register registration has nationwide constructive notice from its filing date; the other has rights only where it actually trades. The registration is what converts a local position into a national one.
About principal register
What does the Principal Register give me that common law rights do not?
Nationwide constructive notice, a legal presumption of validity and ownership, the right to use the R symbol, and a route to incontestability after five years.
Can a descriptive mark register here?
Usually only with proof of acquired distinctiveness, typically after five or more years of exclusive use.
Does registration stop other people using my name?
It gives you the standing to stop them. Enforcement is still something you have to do - registration is the tool, not the outcome.
General information about USPTO procedure, not legal advice about your situation. Always confirm the status and deadlines on your own application in USPTO TSDR.
Others you will meet at this stage
Allegation of use
Proof you have started actually selling under the mark.
FilingApplicant
The person or business that will own the registration.
FilingBasis for filing
Why you are entitled to file: you use it, or you intend to.
FilingClass
The category your goods or services fall into. Fees are per class.
Filing