The essential benefit of registering a trademark in the United States is that it protects against infringement. A nationally registered trademark is also a significant asset that has national sway. It can assist clients in locating you among competitors and serve as a springboard for worldwide registration.
As a business owner, you’ve certainly put a lot of time and effort into building your brand. As a result, it is critical to understand how to safeguard that investment. Trademark registration in the United States gives legal protections allowing you to keep your brand ownership. Consider the top five benefits of trademark registration in the United States.
- A federal trademark registration shields you against infringement.
Controlling your brand is critical to your success as a business owner. When other firms use identical names and logos for competitive items, businesses lose brand ownership. In addition, when someone else uses your trademark in the marketplace intentionally or inadvertently, it creates a risk of misunderstanding among potential consumers, which might turn them away from your company. To keep your mark as the only owner, you must register it with the United States Patent and Trademark Office, or USPTO.
Once your trademark has been registered, you must actively monitor its usage. If you discover proof of possible infringement, you should take legal action. A cease-and-desist letter is frequently all that is required to end the violation. However, in other circumstances, more formal legal action is required. Before pursuing legal action, you should always contact a trademark attorney. Counterclaims may be filed against you and your firm if you conduct an unlawful enforcement action.
- Federal trademark registration is valid across the United States.
In the United States, a company or individual can get some trademark rights just by utilizing the mark in the public domain. However, these common law rights are restricted. Therefore, when taking legal action against infringement, a business owner with an unregistered trademark may face difficulties. Furthermore, common law rights are limited to the narrow geographic region in which the company is located. This might cause problems later if the company decides to expand into other markets where a comparable mark is already in use.
On the other hand, a federally registered trademark is presumed to be valid across the United States. Therefore, registering your trademark with the USPTO gives essential infringement protection in all fifty states, not just your own. This means you may grow your company and extend into other markets without concern of infringing on an existing trademark. As a registered trademark holder, you will also be permitted to utilize the ® sign, which many potential buyers regard as adding legitimacy and professionalism.
- A Federal Trademark Registration is an Important Asset.
Throughout your ownership, you’ve most likely made several purchases for your company, ranging from equipment to inventory, technology, and marketing materials. While these investments have been critical to the operation of your firm, their worth will not improve with time. On the other hand, a registered trademark is an investment that will grow in value over time. As a result, you will have an asset on your books that rises in value as your firm expands for very little upfront investment and renewal costs.
Your registered trademark may also benefit you in the future. If you are starting, selling your business may not be on your mind, but it maybe useful to know that a trademark, like any other asset, may be sold with a business. In addition, investors or those interested in buying a firm usually require a registered trademark. Buyers frequently place a higher value on a firm with a registered trademark, knowing that infringing safeguards have already been placed.
- Unique Trademarks Helps Customers Find You.
A good online presence is essential to every business’s marketing strategy. With most consumers using social media or internet search engines to discover the goods or services they want, a registered trademark may help you stand out. In addition, a powerful trademark should be memorable and easily identifiable. In this manner, your clients will discover you in a congested sector, and they should be able to access your website and social media platforms by searching for your mark.
It is beneficial to know that as a registered trademark owner, you also have internet rights to your mark. Unfortunately, some unscrupulous actors try to buy domain names to sell them to business owners for significantly greater costs. The Anti-Cybersquatting Consumer Protection Act was enacted to safeguard registered trademark owners in domain name disputes. A person doing business without a registered trademark, on the other hand, may not have the same rights to sue cyber-squatters.
- A federal trademark registration is a stepping stone to international registration.
A federally-registered trademark provides essential legal protection, but it only applies to issues that arise within the United States. To acquire worldwide trademark protection, you must register your trademark in other countries. You have two options when filing an international trademark application. The first option is to use the Madrid Protocol, an international convention that permits registrants to submit a single application that may subsequently be applied to over 90 member nations. However, before filing a trademark under the Madrid Protocol, you must first register with the USPTO.
Another option for filing trademarks in various countries is to work with local lawyers in each nation. If you submit your trademark directly to each country’s trademark office, your US trademark registration can also serve as a stepping stone to worldwide trademark protection. In other nations, the day you register with the USPTO becomes your priority date (if you file international trademark applications within six months of your US filing). This is a big advantage since it discourages others from registering your mark in countries where bad faith registrations are on the rise, such as China and India.
The Advantages of Trademark Registration in the United States
Though there are expenses connected with trademark registration and renewal over time, the advantages far outweigh the costs. First, infringement protection is a vital benefit of trademark registration that guarantees your brand stays under control. Your registered trademark has countrywide validity, and the mark’s value will increase as your firm expands. Third, a powerful trademark will be distinctive and will assist clients in finding you in a congested marketplace. Finally, your USPTO registration might serve as a springboard for overseas registration. Contact an expert trademark attorney immediately to discover more about the advantages of trademark registration.