Cathy Sue,
Thanks for the reply. No, I have not registered "Original Cactus Blank"". Registering a trademark is not necessary in order to claim trademark rights just like registration is not necessary to claim copyrights. I can not, however, use the ® symbol unless the trademark is registered.
Here is more information if you are interested...
http://en.wikipedia.org/wiki/Trademark
Here is an excerpt from another site:
"Question: Do I have to register my brand name to get trademark rights?
Answer: Not in the United States. Here, you do not need to register a mark to establish rights to it, though registration provides important advantages. Registering a mark means that the registrant is presumed to be the owner of the mark for goods and services specified in the application. This makes proving your rights easier in court.
However, US federal law also provides rights to unregistered (
?common law?) marks if they are actually used in commerce. In addition, each state provides local protection for both registered and unregistered marks under regulations governing unfair competition. Most other countries require prior registration to protect a mark.
If you register a trademark with the PTO, you have rights to the mark only in the United States and its territories. If you want protection in other countries, you must register the mark in each country in which you want to protect it. However, you can file a single trademark application that covers all the European countries. Contact an attorney for help on rights and procedures in other countries."
http://www.chillingeffects.org/trademark/faq.cgi#QID217