Six Benefits of Trademark Registration

Companies don’t pay money and subject themselves to the trademark registration process for no reason. Owning a federal trademark registration provides a business with several advantages that can help it competitively and legally.

It all starts with the right of ownership.

1. You legally own the mark

A federal trademark registration provides the owner with a legal presumption of ownership. This includes the exclusive right to use the mark nationwide on or in connection with the goods or services listed in the registration.

In plain English, this means that you would have the legal recourse to bar or stop your competitors from using your business name or trademark. Additionally, you can also prevent them from using anything that can be considered a similar trademark. With full legal ownership rights in hand, you can control what gets associated with your mark.

If your brand name trademark is registered, it also sends a clear message to others that you are serious about protecting your name and brand, and products and services. Registering the trademark ensures that you can pursue legal remedies when infringements occur.

2. You can pursue legal action against infringers

If a competing business uses your trade name, there’s not much you can do about it. A trade name grants you only the right to use the mark in documents and as business identification. You might be able to take action at the state level, but that becomes complicated if the competing business hails from a different state.

Federal trademark holders can sue infringers in federal court. Filing in federal court typically means a more timely process than in state courts, since a single judge oversees the entire case. Mandatory disclosure rules of discovery can also benefit plaintiffs in federal court.

Filing a federal trademark provides stronger protection than relying on common law trademark rights, which are limited in scope. Federal trademark infringement cases carry more weight due to nationwide coverage.

If someone else’s registered trademark conflicts with your usage, your registration strengthens your legal standing in disputes.

3. Your trademark will appear in searches

Before a company can apply for a trademark, it must first conduct a trademark search using the United States Patent and Trademark Office (USPTO) database. If a company wishes to trademark with the USPTO a mark that you already own as the registered trademark owner, they will see it in a database search. This should save both of you some legal hassle.

Since the USPTO database is publicly accessible, companies cannot claim ignorance of your trademark ownership. Again, this can help save you on the costs of potentially defending your trademark rights against infringers.

Steps to protect your intellectual property in the trademark process should always include proactively conducting thorough searches and registering trademarks.

Check out our guide on how to perform a trademark search

4. Prevent against imported goods

A U.S. trademark by itself does not affect international companies, except in one important way. Many foreign companies export their goods to the U.S. When you hold federal trademark rights, those foreign companies cannot use your trademark when selling their imported goods in the U.S.

For instance, an English brewery might call itself Smith’s. It can export its beer to the U.S., but if a U.S. brewery already owns the trademark, the Smith’s in England must distribute its product under a different name in the U.S.

This protection helps ensure that foreign companies cannot unfairly capitalize on your registered mark within the U.S. Additionally, Customs and Border Protection can block goods that infringe on registered trademarks.

5. Easier path to international rights

A registered trademark also allows the trademark owner to obtain international trademark registrations in foreign countries. So if you want to expand your business beyond the U.S., it would be much easier to obtain trademark protection in foreign countries if you already own the U.S. trademark rights.

International expansion is significantly smoother when your trademark is registered, as it gives you a foundation to build protection in other jurisdictions. Filing a trademark internationally becomes more efficient once U.S. registration is secured.

6. Use of ® symbol

Only companies that have acquired a federal registration can use the ® sign. Any company can use the trademark symbol (™) or service mark symbol (℠), but it would be a violation of federal law for any non-registered entity to use the ® symbol.

Using the ® symbol lets others know that your trademark may be federally protected, which can deter potential infringers. Use the trademark correctly to avoid any legal issues.

Registering your business trademark ensures that you’re protecting your rights. Read more in our guide on the trademark or service mark symbols.

Read more in our guide on the trademark symbols

Additional Considerations

Aside from the benefits we’ve already covered, there are some additional items worth considering.

Intellectual Property and Trademarks

Understanding the realm of intellectual property is crucial for businesses. At its core, intellectual property encompasses creations of the mind, from inventions to artistic works. Trademarks fall under this umbrella, serving as recognizable signs or designs that distinguish the products or services of one business from another. However, it’s essential to be wary of the pitfalls of having a similar trademark to another entity. Not only can it lead to confusion among consumers, but it also poses legal risks, especially if one of the trademarks is unregistered.

Registering your trademark with a trademark application is often the first step business owners take to secure their name if they use it in commerce. Doing so ensures long-term brand stability.

Trademark Protection, Infringement, and Domain Names

Achieving an incontestable status for a trademark is a significant milestone and one of the many benefits of registering your trademark. It provides a robust level of protection, making it nearly indisputable in legal challenges. However, trademark infringement remains a concern for many businesses. Infringement occurs when another entity uses a mark that’s confusingly similar to an existing trademark, leading to potential brand dilution or misrepresentation.

In the digital age, registering a domain name that aligns with your trademark when starting a business not only strengthens your online presence but also prevents potential misuse or misrepresentation by competitors through trademark law.

Geographic Rights, Importation, and Business Considerations

Trademarks have geographic area limitations. This means that a trademark’s protection might be confined to specific regions or countries. For businesses looking to expand, understanding these geographic limitations is vital. Another crucial aspect is importation. Trademarks can significantly influence the importation of goods, especially if there’s a potential trademark conflict. For instance, if a foreign product bears a trademark similar to a domestic one, there might be restrictions on its import. Lastly, business owners must be well-versed in trademark nuances. From selecting a unique trademark to defending it against potential infringements, understanding the intricacies of trademarks can be the difference between business success and legal complications.

Common Trademark Topics for Business Owners

Wrapping Up

While this is not an exhaustive list of the various benefits of registering a trademark, these are the most important advantages. Still unsure? Check out these common misconceptions about trademarks.

Registering your trademark is a critical step for any business owner if you want to protect your brand and secure exclusive rights to your name as a trademark or other intellectual property. Seeking legal advice from a trademark attorney can ensure you navigate the process smoothly.