While it is possible to establish rights in a trademark based on use of the mark in commerce, it often saves both time and money to register the mark with the United States Patent and Trademark Office.
To start, registering a trademark offers substantial protections for a company's name or logo, which is often its most valuable asset. In addition, owning a federal trademark registration on the Principal Register also deters others from using your trademark and provides greater legal remedies should the mark be infringed.
Listed below are several other key advantages of registering your mark:
- Public notice of your claim of ownership of the mark;
- A legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration;
- The ability to bring an action concerning the mark in federal court;
- The use of the U.S. registration as a basis to obtain registration in foreign countries;
- The ability to record the U.S. registration with the U.S. Customs and Border Protection (CBP) Service to prevent importation of infringing foreign goods;
- The right to use the federal registration symbol ®; and
- Listing in the United States Patent and Trademark Office’s online databases, which will dissuade others from proceeding with the registration of the same or similar mark and prevent infringers from claiming ignorance of the mark.
At Sheldon Mak & Anderson, we recognize that innovation is your competitive edge - and it needs protection. As a full-service intellectual property firm with more than two decades of experience, we provide local, regional, national, and international legal services in the following areas: patents, trademarks, copyrights, trade secrets, IP litigation, international patent and trademark prosecution, licensing, alternative dispute resolution, and green technology.
Contact our knowledgeable intellectual property attorneys today at 1-855-UR IDEAS (1-855-874-3327) to find out how we can provide a powerful defense of your unique ideas.