There are numerous reimbursements to registering a trademark and utilizing the trademark services of a lawyer. Registering a trademark heightens the protection it receives, deters others from using your trademark, and increases the remedies should someone disobey upon the trademark.
A trademark is a symbol of starting place or quality. It is often thought of as a “brand.” It represents the reputation and goodwill of a business or product. In the United States, trademark rights are acquired through use of a mark on goods or services. A trademark may be registered at the state or federal level; however, registration is not essential to have rights in a mark.1 There are, however, separate advantages to having a federal or state registration.
- Registering a trademark protects a company’s name or logo, which is often a company’s most valuable asset .
- Registering a trademark grants the trademark owner receives exclusive nationwide ownership of the mark.
- Registering a trademark decreases the likelihood of another party claiming that your trademark infringes upon their trademark
- Registering a trademark provides official notice to others that a trademark is already taken; consequently, a company that later adopts a confusingly similar trademark can not claim ignorance of the mark.
- Registering a trademark the trademark owner obtains the future right to make the mark “incontestable,” which provides conclusive evidence regarding the validity of the mark.
Registering a trademark deters others from using your trademark
- Registering a trademark the trademark owner obtains the right to put a “, after the mark, alerting others to your registration and preventing the defense of innocent infringement.
- Registering a trademark the United States Patent and Trademark Office will refuse registration to any trademarks it deems confusingly similar to the trademark.
- Registering a trademark the trademark will appear in trademark search reports ordered by others, likely discouraging others from proceeding with the registration of the same or similar mark.
Registering a trademark provides the trademark owner with greater remedies
- Registering a trademark grants the trademark owner the right to recover up to triple damages and fees of their trademark lawyer from an infringer.
- By registering a trademark the trademark owner receives the presumption of being the valid owner of the mark.
- Registering a trademark increases the likelihood of the successful filing of a dispute resolution policy for an infringing Internet domain name.
- Registering a trademark gives the trademark owner an automatic right to sue in federal court.