Short answer: No, but you absolutely should register a Federal trademark if you are launching a business.
Starting a business doesn’t require you to register a trademark. You can operate legally with your state’s business registration. However, not registering your trademark at the Federal level can expose your brand to serious risks—and limit your legal rights.
What It Means to Do Business Without a Federal Trademark
When you form an LLC or corporation in your state (such as Michigan), you’re authorized to do business there. That’s it.
There’s nothing federal about that permission. Your business name isn’t protected outside your state unless you register a Federal trademark with the US Patent & Trademark Office (USPTO).
So, while not required, here’s why federal trademark registration is a smart, cost-effective investment for protecting your brand.
Why You Should Register a Federal Trademark
Registering your business name, logo, or slogan with the USPTO gives you nationwide rights. Here’s what that means for your business:
Legal Presumption of Ownership
Once registered, you’re legally presumed to be the exclusive owner of the trademark. That gives you a powerful edge in court if someone copies your name or logo.
- You don’t need to prove you used it first
- Your registration puts the burden on the infringer to prove otherwise
- If they never registered, they lose by default unless they cancel your registration
Your Trademark Becomes Incontestable After 5 Years
After five years of continuous use, you can file a Declaration of Incontestability. This means:
- Your trademark’s validity becomes nearly bulletproof
- Courts accept your exclusive rights as fact
- Challengers face a steep uphill battle
Access to International Trademark Protection
Want to expand overseas? Federal registration opens the door.
- Use the Madrid Protocol to apply in multiple countries
- Or file directly in countries where you plan to operate
- Foreign governments recognize your U.S. registration as a foundation
Stop Counterfeit Imports at the Border
With a federal trademark, you can work with U.S. Customs and Border Protection (CBP) to block knockoffs and infringing goods.
- Prevent fake products from entering the country
- Protect your brand on platforms like Amazon or Etsy
Public Ownership Record via USPTO
Your trademark appears in the USPTO’s searchable database (TESS), notifying others of your rights.
- Infringers can’t claim ignorance
- Courts treat this as proof competitors should have known
Use of the ® Symbol
Only federally registered trademarks can legally display the ® symbol.
- Shows your brand is protected under federal law
- Deters copycats from infringing your name or design
Don’t Use a Filing Service—Use a Trademark Attorney
Trademark registration is a legal process—not just a form.
Filing services can’t:
- Offer legal advice
- Respond to USPTO office actions
- Represent you in a dispute or appeal
Hiring an experienced trademark attorney saves you time, stress, and expensive mistakes.
Work With a Trusted Trademark Law Firm
Noble Path Legal PLLC is a boutique trademark law firm based in Metro Detroit. We help entrepreneurs and established businesses across the U.S. with:
- Federal trademark registration
- Trademark renewals and maintenance
- Office action responses
- Trademark monitoring and protection
We offer virtual consultations and dedicated legal guidance tailored to your industry.
Ready to Protect Your Brand?
Click the button below to schedule your consultation and start the federal trademark registration process today.
Protect your name. Own your brand. Expand and franchise with confidence.