Who decides what gets protected?
Trademark registration is a procedure in which the United States Patent and Trademark Office (PTO) provides an at least initial determination of rights based upon legitimate use of the mark. However, it is not necessary to register a trademark or service mark in order to prevent others from infringing upon the trademark. Trademarks generally become protected as soon as they are adopted by an organization and used in commerce, even before registration. With a federal trademark registration, the registrant is presumed to be entitled to use the trademark throughout the United States for the goods or services for which the trademark is registered.