The Benefits of Trademark Registration

If you are engaging in any way in interstate commerce (ie: doing business across state lines), you should seriously consider registering for a trademark with the Unites States Patent and Trademark Office (USPTO). There are many benefits of trademark registration. Here are just a few:

1. Validation

Registering the trademark provides evidence that you are the owner of the trademark and at least shows the public that the USPTO thinks the trademark is valid. (That’s right, others can still contest a federally registered trademark). Without registration, you have to prove that you own the trademark.

2. Public Notice

Registering a trademark will help others know you are using it and it will likely dissuade people from using a similar mark. As addressed above, more people are likely to do a knockout search than a comprehensive one. So making your trademark easy to find will help prevent others from getting in your space.

3. Enforcement

A registered trademark has stronger enforcement mechanisms than are available without registration. For example, you can potentially be awarded triple damages and attorney’s fees and costs. It’s also easier to prove ownership of a registered trademark.

4. Long lasting

As long as you pay registration renewal fees, the trademark can last indefinitely. In contrast, an unregistered trademark is only valid while it is use.

5. National Reach

An unregistered trademark applies only to the geography in which you are using it (or may logically expand). For example, a person who is using an unregistered trademark will likely have a tough time claiming that trademark in Oregon. A federally registered trademark, however, applies the statutory trademark protections and rights across the entire nation. This means that Florida trademark, if registered, would be enforceable in Oregon too!

6. Adds value

If you want to sell the business, having a registered trademark creates a transferrable asset and is something potential buyers will like to see. It makes your business stronger and more attractive.

7. Amazon Brand Registry

If you are selling your own products on Amazon, you need a registered trademark to take advantage of the Brand Registry  program.

Again, these are a few of the benefits of trademark registration. If you’re still on the fence about whether registering for a trademark is right for you, you can read about the pros and cons.

Let’s Get in Touch

If you would like to ask a question about trademarks, copyrights, or online business, shoot me an email (thelawofthebrand@gmail.com) or a text (702-291-1799) or schedule a meeting.

Schedule a FREE Consultation

Leland Faux
Attorney Leland Faux blogs about trademark, copyright, and online business issues at Law of the Brand. You can submit a question by email to thelawofthebrand@gmail.com.

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