Official registration of your trademark with the U.S. Patent and Trademark Office is not a condition of ownership, though, as you'll see, it's usually a good idea. If you've determined that the mark you want to use is available, i.e., not in use by another making and selling related goods or services, and that no "intent to use" has been filed that could trump your rights, you can stake your claim by using it. However, your rights to such an unregistered mark are limited to the specific geographical area in which the mark is actually and currently being used. If you plan to use your mark in interstate commerce, you can reserve nationwide rights prior to actual use by filing an "intent to use" application with the U.S. Patent and Trademark Office.

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