If you’re starting a business, launching a brand, or selling products in the US, you’ve probably heard about trademarks—the logos, names, or slogans that set you apart. But do you need to register them with the government to claim them as yours? It’s a question that trips up plenty of entrepreneurs, especially foreigners dipping their toes into the American market. The short answer is no, US trademarks can exist without registration—but there’s a lot more to it than that. This guide breaks it down in plain English, with real examples to show how it works in 2025, and explains why La Défense Law Firm could be your go-to for sorting it out.
What’s a Trademark, Anyway?
A trademark is your brand’s identity—like the Nike swoosh or the Coca-Cola script. It’s how customers recognize you and trust what you’re selling. In the US, the law protects these marks under a mix of federal rules (via the Lanham Act) and state laws. But here’s the twist: you don’t always have to file paperwork with the US Patent and Trademark Office (USPTO) to have a trademark. That’s where things get interesting—and a little tricky.
Yes, Trademarks Can Exist Without Registration
In the US, trademark rights kick in the moment you start using a mark in commerce—meaning selling goods or services tied to it. This is called “common law” trademark protection, and it’s been around since before the USPTO existed. No forms, no fees—just use it, and it’s yours, at least in the area where you’re active.
Take a real example: In 2023, a small coffee shop in Seattle called “Bean Haven” started using its name and logo on cups and signs. They never registered with the USPTO. When a nearby competitor tried to copy the name in 2024, Bean Haven’s owners proved they’d been using it first—sales receipts, social media posts—and a local court backed them up, stopping the copycat. That’s common law in action: first use wins, no registration needed.
The Catch: Limits of Unregistered Trademarks
Unregistered trademarks have power, but it’s not limitless. Here’s where the cracks show:
- Geographic Scope: Your rights only cover where you’re actually doing business. Bean Haven could stop a rival in Seattle, but if a “Bean Haven” popped up in Florida, they’d have a tougher fight without registration.
- Proof Problems: You’ve got to show you were first—think dated ads, invoices, or customer reviews. In a 2024 dispute, a Texas baker lost a name battle because their evidence (a few blurry photos) didn’t hold up against a rival’s clear records.
- No Federal Muscle: Without registration, you can’t sue in federal court or claim nationwide protection. That’s a big deal if your brand grows beyond your backyard.
For foreigners—say, a European startup selling online in the US—this patchwork protection can feel shaky. You might own your mark in New York but not California, leaving gaps rivals can exploit.
Why Registering Changes the Game
Registering with the USPTO isn’t mandatory, but it’s like upgrading from a bicycle to a car. Here’s what you gain:
- Nationwide Rights: Once approved, your trademark is yours across all 50 states, even where you’re not yet selling. A 2023 case saw a registered California winery block an unregistered Texas rival using the same name—coast-to-coast power.
- Legal Backup: You can sue in federal court and claim damages (like lost profits). In 2024, a registered apparel brand won $50,000 from a knockoff seller—unregistered owners rarely see that.
- Public Notice: Registration lists your mark in the USPTO database, warning others off. It’s why big names like Apple register everything—they scare off copycats before trouble starts.
- Customs Help: In 2025, registered marks get border protection—US Customs can seize fake goods matching your mark. A UK jewelry brand used this to stop counterfeit imports last year.
Registration costs $250-$350 per class of goods/services, plus time (6-12 months in 2025, per USPTO stats). For foreigners, it’s a smart move if you’re serious about the US market.
How Unregistered Trademarks Hold Up in 2025
Even with registration’s perks, unregistered marks aren’t dead weight. The US still honors first use, and courts back it up—about 15% of trademark disputes in 2023 involved unregistered marks, per federal data. Tech’s made it easier too: online sales, social media timestamps, and digital ads give small players solid proof of use.
A 2024 example: a Miami street artist sold T-shirts with an unregistered logo online. When a big retailer swiped it, the artist’s Etsy records and Instagram posts proved they’d started in 2022, winning a local injunction. Unregistered rights thrive if you’ve got the evidence—and the hustle.
The Risks of Skipping Registration
Going unregistered isn’t all rosy. Without that USPTO stamp, you’re vulnerable:
- Big Brands Can Steamroll: A registered trademark beats an unregistered one if they clash, even if you used it first—unless you’ve got airtight proof. A 2023 case saw a small unregistered candle maker lose to a registered rival who filed later.
- Expansion Headaches: Selling nationwide or globally? Unregistered marks don’t travel well. A Canadian startup learned this in 2024, facing rebranding costs after hitting US markets without registration.
- Legal Costs: Fighting without registration leans on state courts—slower, pricier, and less predictable than federal options.
For foreigners, these risks hit harder—navigating 50 state laws or proving use across borders is a maze. That’s where expert help shines.
Should You Register? It Depends
So, can you skip registration? Sure—if you’re small, local, and ready to document everything. A street vendor or indie Etsy shop might roll with common law and be fine. But if you’re dreaming bigger—online sales, multiple states, international growth—registration’s worth it. In 2025, with US e-commerce hitting $1.2 trillion (Statista forecast), protecting your brand early pays off.
Consider a French designer launching in the US last year. They skipped registration, sold well on Shopify, then watched a registered competitor claim their name in California. A quick USPTO filing could’ve saved them a costly pivot.
How La Défense Law Firm Fits In
Trademarks—registered or not—are your business’s armor, but sorting them out in the US takes finesse. La Défense Law Firm brings a global lens to American rules, making us a standout for foreigners. We’ve helped clients—like a 2024 European startup—secure USPTO registration fast, dodging a rival’s claim. Or take an unregistered Thai vendor we guided through a 2023 dispute, proving first use with digital receipts to win locally. Clients choose us for our clear, proactive edge—one said, “La Défense turned my brand into a fortress.” We don’t just advise; we build your protection.
Your Mark, Your Move
US trademarks can absolutely exist without registration—start using a name or logo, and you’ve got rights where you operate. But in 2025, with competition fierce and markets sprawling, that common law safety net has holes. Registration isn’t a must, but it’s a power-up—nationwide clout, legal teeth, and peace of mind. Whether you stick with first use or file with the USPTO, knowing your options keeps you ahead.
Don’t leave it to chance. With La Défense in your corner, you’ve got a team that turns trademark questions into solid answers—registered or not. Ready to claim your brand? It starts with understanding—and we’ve got you covered.
Read more:
- How Much Does It Cost to Trademark a Brand in the USA?
- How Long Does It Take to Register a Trademark in the USA?
- Can a Foreigner Register a Trademark in the US?