The Top 8 Benefits of Trademark Registration
The benefits of trademark registration are many. Registering your name or logo as a trademark will give you a serious competitive advantage.
Benefit No. 1: Legal Presumption of Ownership
Registration of your business name or logo as a trademark gives you the legal presumption of ownership.
If anyone infringes on your use, you will not need to prove that you own it in Federal Court. The other party will have the burden of proof in convincing a judge or jury that you do not.
In litigation, this provides an enormous advantage to you. Another party will first have to prove that the USPTO was wrong in registering your mark before arguing that it owns the name or logo.
Benefit No. 2: Legal Presumption of the Exclusive Right to Use the Mark
The next benefit of trademark registration is that you will have an exclusive right to use the mark. This means that any other party using the same mark would be required to prove that this presumption is incorrect. It will be their burden to do so.
Again, a tall hill to climb in litigation for the other party.
Benefit No. 3: Legal Presumption of the Exclusive Right to Use the Mark Across All 50 States
Federal trademark registration provides protection for your use of a name or logo across the entire country.
Federal registration is, in fact, specifically available only to marks that are in use in interstate commerce. In other words, the mark must be used to sell your product or service across state lines.
This is one of the primary registration requirements.
A key benefit of trademark registration is comprehensive US protection, everywhere in the United States.
Benefit No. 4: Your Ownership Listed Online in the USPTO Database
Registration with the USPTO means that your ownership becomes searchable online within the USPTO database.
Most (smart) potential trademark registrants will run a clearance or knockout search of possible competitive use of their proposed mark prior to using or filing their own registration application.
If yours is easy to find online, you will eliminate possible infringement before it occurs.
Benefit No. 5: The Right to Record a Trademark with US Customs and Border Protection
Another benefit of trademark registration is that it will allow you to file your mark with US Customs and Border Protection. This enables that agency to police imports for counterfeit goods. The import of knock-off or counterfeit goods infringing on your trademark will be blocked.
Benefit No. 6: The Right to Sue for Infringement in Federal Court
A trademark registration provides you the standing you need to file a suit for infringement in Federal Court.
You can only sue for injuries or damage that you have suffered. That is “standing.”
Without a registered trademark, you lack standing under Federal law to sue for infringement.
If you plan to enforce your ownership, this is one of the benefits of trademark registration—and also a requirement.
Benefit No. 7: Ease of Registration in Foreign Countries
Federal trademark or service mark registration is required for registration of your mark under the trademark registration laws of many foreign countries, Canada being one such example.
If you plan to export your goods or services under your mark, with your specific brand, this is a distinct advantage.
It is also why retaining a knowledgeable attorney to assist you with the preparation of your trademark application is crucial: such counsel will discuss with you not only what your immediate use of your mark or brand is but also what you want it to be, and where you want it to be, in the long-term.
Benefit No. 8: The Right to Use ®
Finally, Federal registration permits the use of the ® symbol .
That symbol informs all viewing parties that your mark is fully registered with the USPTO. It is a warning to other parties not to infringe upon your exclusive use.
The sight of that symbol beside a logo, tag-line, or name already in use in commerce should inform any potential competitors for the use of that mark that they will find themselves in a tough fight should they proceed to infringe.
The Benefits of Trademark Registration: Conclusion
The bottom line with regard to Federal Trademark Registration is that there is no reason not to do it.
The benefits of trademark registration are numerous and weighty. Choosing the right brand for your business is the most important marketing decision you can make when launching a new venture.
Retaining a knowledgeable trademark registration attorney to assist you for a comparatively lost cost in protecting that brand in the best manner provided under Federal law is crucial. It is not an area upon which to skimp.
Noble Path Trademark Law is a boutique US law practice located in Metro Detroit and assisting craft brewers, vintners, distillers, and others in all industries with trademark registration, trademark renewal, trademark monitoring, and Office Action refusal response matters.
We offer virtual consultations, premium customer service, and the expertise you need to maximize your odds of trademark registration success.