[spinax]

https://www.uspto.gov/sites/default/files/documents/BasicFac...

Page 11

> Is federal registration of my mark required?

> No. In the United States, parties are not required to register their marks to obtain protectable rights. You can establish "common law" rights in a mark based solely on use of the mark in commerce, without a registration.

I have read that the US is also "first use" and not "first to file", eliminating a race to registration.

[ddtaylor]

Correct, but those marks are limited to the specific areas where you practice business, whereas federal trademarks grant you the mark outside of only the areas where you practice business.

[chrismcb]

Federal trademarks grant you the mark in areas you apply for. And you can still lose it.