The Value Of Trademark Registration For Business

Trademarks are extremely precious assets.  Protecting and developing trademarks is not just a “cost of doing business,” but rather an investment in customer support, leading to higher sales and greater customer satisfaction.  A trademark registration can be approximately anything that differentiates the goods or services of one party from those of another.  Trademarks also guarantee consumers of steady quality and thus help endorse competent competition. 

Federal registration is not essential in the United States as some common law trademark rights arise just by using a trademark in commerce.  But, there is an extensive array of benefits to federally registering a trademark on the Principal Register.  First, registering your trademark dejects others from using confusingly related marks in the first place by making the mark simple to find in a trademark availability search, thus stopping issues before they even start.  In addition the Trademark Office has a duty to quote prior registrations against applications for confusingly similar marks and to decline to register such marks, thus enlisting the power of the US Government in assisting to stop infringement of your expensive trademark asset.

A federal registration cares for the mark as if it is used countrywide as of the application filing date, which is very important in a system in which first use wins.  If not, your common law rights are restricted to the geographic area of use or repute of the mark, potentially enabling others to use the same mark in another geographic area and leading to predictable confusion when one or both parties expand.  Having a trademark registration also offers countrywide notice of ownership of the mark as of the registration date, stopping others from claiming their succeeding adoption of the mark was in “good faith.”

A trademark registration service serves as proof of the soundness and restricted ownership of the mark for the goods and services listed in the registration, with heightened protection after five years and the possibility of becoming “incontestable,” which can assist not only in court proceedings but possibly more prominently in quickly convincing others to cease using a mark without the need to go to court.  Owners of federal registrations have the authority to use the ® symbol along with the right to sue in federal court and, in the case of counterfeiting, statutory damages relieving you from having to show actual damages to receive a monetary award. 

A U.S. online trademark registration also offers a basis for foreign registrations, facilitating protection of your marks worldwide as business expands.  In addition, the US Customs and Border Protection are empowered to block imports that disobey a federally registered mark, at no additional cost to you. 

Whether registered or not, a trademark should never be used in a generic sense to refer to your services or goods. Planning before filing is the only choice to avoid loss of money, time, and such situations. Identification of exact class of intellectual property and any auxiliary classes relating to the goods/services is the first step.