united-states intellectual-property trademark
Do I have to register my trademark to own it?
<p><strong>Location</strong>: United States</p>
<p>Let's say I am the first person to use my company name in a business transaction. However, since I did not register my business name as a trademark, can someone else in the United States use the same business name as mines?</p>

<p>Both are to some extent correct, but as might be expected, the USPTO site is more accurate. Trademarks owned by virtue of use, rather than  registration, are protected only in the market area in where actual use can be documented.  Even state registration may be limited to a geographic market area in which use can be shown, and may not extend to the whole state unless use throughout the state, or at least in most major markets in the state, can be shown.</p>
<p>As discussed in the news story <a href="https://www.businessinsider.com/burger-king-is-banned-from-opening-within-20-miles-of-this-original-mom-and-pop-burger-king-sign-2013-6" rel="nofollow noreferrer">&quot;Burger King Is Banned From Opening Within 20 Miles Of This Original, Mom-And-Pop Burger King Sign&quot;</a> The owners of a small restaurant branded &quot;<em>Burger King</em>&quot; secured a state-level trademark on that name, but it only serves to exclude the well-known fast-food chain from a 20-mile circle.</p>
<p>Remember, the prime purpose of a trademark is to identify the source of goods or services, and to prevent one supplier from benefiting by the reputation of another. In an area where the first supplier does not do business, there is considered to be no such risk of unfair competition.</p>
<p>Also, nationwide protection is one of the benefits of federal registration.</p>
<p>In addition, a mark is only protected for the same class of goods or services. Nationwide use of &quot;<em>Pear</em>&quot; as a mark for a brand of computer would not prevent use of the same  word as a mark for a brand of automobile, say, or for a restaurant chain.</p>
<p>Note also that trademarks are normally at most national in scope.  A US Federal registration will offer no protection in Canada, or any other country.</p>
