Trademark are extremely valuable forms of intellectual property and even more important business assets. Trademark owners must establish their legal right to their marks in order to properly safeguard them from possible infringement. To obtain the maximum protection available under the law, trademark owners should strongly consider federally registering their marks with the United States Patent and Trademark Office (“USPTO”).
Below are the main benefits of registering your trademark with the USPTO:
- A Certificate of Registration issued by the USPTO is prima facie evidence of (1) the validity of the registered trademark, (2) ownership of the registered trademark, and (3) the nationwide exclusive right to use the registered trademark in commerce in connection with the goods/services listed in the Certificate of Registration. This is invaluable should you ever have to pursue or defend a trademark infringement lawsuit.
- Successful registration of your mark with the USPTO prevents the registration of confusingly similar marks. This is meant to safeguard your interests and allow you to cultivate an enduring brand throughout the United States.
- Registration of your trademark puts the world on constructive notice of your nationwide trademark rights. Furthermore, your mark will be listed in the USPTO records and can be easily uncovered by performing a trademark search. In the event someone comes across your mark during the course of a search, that individual may be deterred from adopting an identical or similar mark.
- Your Certificate of Registration may be used as a basis for obtaining trademark protection in many foreign countries. This is extremely beneficial for trademark owners who conduct significant business overseas or who have realistic plans to do so.
- Your Certificate of Registration allows you to record your trademark with the U.S. Customs & Border Protection (CBP). This will assist the CBP in its efforts to block the importation of foreign goods that may violate your registered trademark.
- Once your trademark has been granted registration by the USPTO, you have the right to use the “®” symbol in conjunction with your trademark. Unlike the “TM” symbol, the “®” designation provides notice that your mark is federally registered.
- A trademark that has been registered for over five years may become “incontestable,” which makes it extremely difficult for third-parties to challenge.
Need Assistance with Trademark Registration?
The US trademark registration process is not as simple as it may appear. If any step of the process is overlooked or performed incorrectly, your trademark application could be unnecessarily delayed or rejected. To make matters worse, the USPTO will not refund the application filing fee under almost any circumstances. Hence, it is advisable to seek the assistance of an experienced trademark attorney rather than trying to go it alone. In fact, a very significant percentage of trademark applications are prepared and filed by trademark attorneys every single day.
So, if you have questions about the trademark registration process, are unsure if federal trademark registration is right for you, or are thinking about working with a US trademark attorney to help prepare and submit your trademark application, please do not hesitate to contact me for a free consultation. I can be reached by phone at (314) 749-4059, by email at email@example.com, or by filling out the simple contact form found on every page of my website. I look forward to providing any trademark assistance you may need.