Introduction
Trademarks are an important part of protecting your brand. While a registered trademark is not required to use a trademark, it does provide advantages over simply using the mark in commerce without registration. In this post we will discuss some of those advantages. But first, let’s take a look at what exactly constitutes a trademark and why you should consider registering yours with the United States Patent and Trademark Office (USPTO).
The primary benefit of federal trademark registration is that it gives the owner of the mark the right to use the registered trademark symbol “®”.
The primary benefit of federal trademark registration is that it gives the owner of the mark the right to use the registered trademark symbol “®.” The use of this symbol is not required by law, but it is recommended because it informs the public that your mark has been registered with the USPTO and provides notice that your mark is legally protected from infringement.
You can begin using your ® immediately after you receive your Notice of Allowance from us, which occurs after we have reviewed and approved an application for publication (if necessary). However, there are some rules regarding how many times you can use this symbol on different types of merchandise. You may only use this symbol once in connection with each product or service listed in your application if: (1) those products or services comprise all items covered by the such application; (2) such items are identical; and (3) no other party claims ownership rights over any one item included within such application. If more than one item was included in your original trademark registration, then there will be multiple opportunities for each product category to use the registered trademark symbol on its website or advertising materials prior to sale.
A trademark registration permits the owner to bring an action concerning the trademark in federal court. The owner may also seek a remedy for infringement of a federally registered trademark that occurs after the date of registration and recover profits, damages, and costs as well as attorney’s fees.
The owner of a federally registered trademark can sue an infringer in federal court. An action for trademark infringement is commenced by filing a complaint with the clerk of the appropriate federal district court. A copy of the complaint must be served on the defendant(s). The plaintiff has the burden to prove its case by a preponderance of the evidence.
The owner may also seek a remedy for infringement of a federally registered trademark that occurs after the date of registration and recover profits, damages, and costs as well as attorney’s fees from those who infringe upon its rights in connection with their sale or distribution (or importation) of products or services that bear confusingly similar marks to those used by others (i.e., counterfeit goods).
Registration is constructive notice nationwide of the registrant’s claim of ownership of the mark.
A registered trademark is a constructive notice to the public of the registrant’s claim of ownership. In other words, as long as a mark is registered with the USPTO, anyone who later uses that mark in commerce may be presumed by the general public (and by courts) to know about the registration and therefore must rebut this presumption by presenting evidence that he or she did not know about it.
To avoid this problem, a third party looking to use someone else's trademark should check its status with both TESS and TRADEMARKS@USPTO.GOV before using it in commerce.
Registration may be used as a basis for obtaining registration in foreign countries.
● If you are able to use your trademark as a basis for obtaining registration in a foreign country, it means that the mark is approved and used in the United States. Registration may also be used as a basis for obtaining registration in foreign countries. However, this process can take months or even years depending on where you wish to register your business' name.
● You are able to gain more freedom when choosing names because you will already have an established brand image or identity within the US market which other markets will look into before deciding whether they should allow it into their own country's system or not.
Registration may be filed with the U.S. Customs Service to prevent the importation of infringing foreign goods.
Trademark registration may be filed with the United States Customs Service to prevent the importation of infringing foreign goods. The U.S. Customs Service has the authority to seize goods that are infringing; issue a cease-and-desist letter to the importer, and refer the case to the United States Attorney's Office for prosecution if there is no voluntary cessation of use by the importer.
Trademark registrations provide some distinct advantages over simply using a mark in commerce without registering it.
Trademark registration provides some distinct advantages over simply using a mark in commerce without registering it. Trademark registrations are valuable assets that can be used to protect a brand and its goodwill. They provide the owner with several benefits, including:
Furthermore, there are additional benefits to registering your trademark with the USPTO (United States Patent and Trademark Office) which will not be discussed here due to length constraints but may be considered when evaluating whether or not registration should be pursued.
Conclusion
And there you have it. The benefits of trademark registration in the USA are many and can be quite important to your business. If this is something that interests you, then we encourage you to contact our experienced attorneys who can help guide you through the process.
