How do I acquire a trademark?

In the United States Trademark rights arise in one of the following two ways: 1) By filing a mark with the United States Patent and Trademark Office (hereinafter, USPTO) based on a bona fide intent to use the mark on a product or in association with a service that is soon to be offered to the public, or 2) By actually using the mark in commerce on a product or in association with a service.

An application for registration may be filed based on either actual use of the mark or a bona fide intent to use the mark in commerce. Filing an application with the USPTO to register a trademark or service mark, establishes a date of constructive use of the mark. The act of filing the application can create a nationwide priority of rights in the mark against any other person who subsequently adopts the same or a confusingly similar mark (contingent upon the mark ultimately issuing as a federal registration).