Benefits of Trademark Registration

If you are interested in growing your business, you should not disregard the importance of protecting your trademark. A trademark can be any word, phrase, symbol, design, or combination of these things that identifies the source of your goods or services. The most important function of a trademark is to distinguish you from other competitors. As consumers, we tend to associate trademarks with an expected level of quality or consistency of products, and to achieve that, it is important to have adequate protection for your brand. 

In the United States, trademark rights begin from the moment you start using your trademark in commerce. These are also known as “common law rights”. Even though common law rights provide some level of protection, they are more limited and will be more difficult to enforce.

Here are some of the reasons why you should register your trademark: 

1. Legal presumption of ownership of the trademark

Having a federally registered trademark gives the owner exclusive rights to use the mark in connection with the goods or services in all 50 states of the U.S., including its territories. If you ever enter a legal dispute regarding the infringement of your mark, you will be the presumed owner and your trademark will be deemed valid in court.  

2. Registering your trademark discourages others from creating similar trademarks 

Since your trademark will appear in the USPTO database, when potential infringers see your trademark registration, they may be dissuaded from creating or using similar trademarks. Most people would rather rebrand (which is also an expensive option) than knowingly use a mark that will most likely create legal issues and unwanted expenses in the long run.

3. Ability to record your trademark with U.S. Customs & Border Patrol to avoid counterfeiting 

Counterfeits are fraudulent imitations of products or goods. Counterfeiting is problematic because not only does it affect your brand and reputation, but there could be safety hazards related to counterfeit products with the loss of quality control and regulation. If international counterfeits are a potential problem for your brand, you should consider recording your trademark with CBP. This recording is only available to USPTO trademark registration owners who file an application and pay for the CBP recording application fees. CBP will seize any counterfeit products of your trademark and protect your trademark rights at the border. 

4. Access to federal court actions in case of trademark infringement 

By registering your trademark, you will be able to take legal action against any person or business that tries to use a similar mark. 

5. The right to use the trademark registration symbol (The circle with the letter “R” inside of it)

Only federally registered trademark users are allowed to use the trademark registration symbol. Being able to use said symbol gives notice of a successful registration acquired with the USPTO.

As you can see, it is highly beneficial to invest in your business’ trademark protection. If you are looking for a U.S. trademark attorney, at Bizzy Law LLC, we are equipped to help you with every step of the way. Contact us at info@bizzylegal.com for additional information.