GLOSSARY · FILING

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.

WHAT THIS MEANS FOR YOU

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.

WHAT TO DO

In order

  1. Check your mark is distinctive enough. Descriptive marks are usually refused here and offered the Supplemental Register instead.
  2. File, and expect examination against the existing register.
  3. Once registered, start the R symbol on the goods and services covered.
  4. Diary the Section 8 at year five to six, and consider Section 15 at the same time.
AN EXAMPLE

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.

QUESTIONS PEOPLE ACTUALLY ASK

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.

RELATED TERMS

Others you will meet at this stage

← All terms

Before you go

See where your name is already taken

Reading about trademarks is useful. Knowing who already uses your name is better, and it costs nothing.

What you get

  • Live domain registrations, every common ending
  • Public social handles across the major platforms
  • A written report that says plainly what it does not cover
  • No card
  • No account needed
  • Domains checkedThe .com and the near misses
  • Handles checkedSame name, every platform
  • Written reportYours to keep either way
  • About a minuteNo card, no obligation