Trademark registration in the United States implements the "first use" principle, that is, the first user of a trademark obtains legal protection. U.S. law stipulates that there must be trade and actual use of a trademark before it can obtain legal protection for a trademark. Although the registration system has been introduced in the United States, "prior use" is still a prerequisite for applying for registration. In 1988, the U.S. Trademark Law was revised to allow applicants to apply for trademarks based on “intent to use” and loosened the prior use principle. In fact, the registration application based on "intention to use" stipulated in the 1988 Amendment still has a strong color of "use". The applicant can only use it within 36 months and submit proof of true use to the Trademark Office. It is possible to obtain trademark registration.

On the basis of the "first use" principle, a trademark can be registered or not. Unregistered trademarks can still obtain legal protection as long as they are in use: when suing for infringement, evidence of prior use must be provided. The registration of a trademark indicates the special rights of the trademark registrant. After 5 years of registration, the trademark will not allow other users of the same trademark to raise various disputes. In addition, the owner of a registered trademark has the right to pursue legal liability against trademark counterfeiters and demand financial compensation. If a company or individual's trademark is not registered, the first user of the trademark can only request the court to stop the trademark infringer's use, but cannot obtain corresponding financial compensation.