There are many reasons why you should obtain a United States trademark registration for the names, logos, and taglines you use (or intend to use) in connection with the advertising and sale of your products or services.
Validity, Ownership, and Nationwide Right to Use
A trademark registration issued by the United States Patent and Trademark Office (USPTO) is prima facie evidence of (1) the validity of the registered trademark, (2) your ownership of the registered trademark, and (3) your nationwide right to use the registered trademark in commerce in connection with the products/services listed in your trademark registration. These benefits are extraordinarily helpful should you ever have to file a lawsuit against an individual or business that you believe is infringing upon your trademark. They are also quite valuable in the unfortunate event that you’re ever sued for trademark infringement.
Another advantage of securing a United States trademark registration is the ability for your trademark to become “incontestable.” A federally registered trademark that’s been in use for five consecutive years after its registration date may become incontestable by filing a Section 15 Declaration of Incontestability (a “Section 15”). Once your trademark is incontestable, the validity and ownership of your trademark cannot be challenged by a third-party in any subsequent litigation.
Everyone is on Notice
Obtaining a United States trademark registration puts the entire world on constructive notice of your rights in your trademark. The USPTO database is freely accessible to the general public. If someone wants to know whether your trademark is federally registered for certain products or services, all that person has to do is perform a federal trademark search of the Trademark Office’s records in order to find out that information.
Use of the Registered Trademark Symbol
In addition, ownership of a United States trademark registration allows you to use the ® registered trademark symbol. That symbol puts the world on actual notice of your federal trademark rights, and can act as a strong deterrent to others who may be considering adopting an identical or confusingly similar mark. A United States trademark registration also gives you the ability to register your trademark with United States Customs and Border Protection in order to prevent the importation of infringing products. It can also be used as a basis for expedited registration of your trademark in a number of foreign countries.
Registration is Like Insurance on Your Trademark
I like to think of a United States trademark registration as an insurance policy. You purchase automobile insurance in the event you’re involved in a car accident. You buy homeowners insurance in case your house goes up in flames. And you purchase health insurance in the event you become seriously ill. Of course, you hope you never have to use your insurance policies, but you are extremely glad you bought them if a tragedy does occur. Similarly, a United States trademark registration is like insurance on your trademark in that it protects your most valuable business asset and assists you in recovering monetary damages you’ll likely suffer as a result of an infringement or misappropriation by someone else.
I Can Help With United States Trademark Registration
If you would like to speak with an experienced and knowledgeable US trademark attorney about the many benefits of United States trademark registration or the US trademark registration process, please do not hesitate to contact me for your free consultation at (314) 749-4059, via email at email@example.com, or by simply completing my contact form (below). I look forward to hearing from you soon.