Benefits Of Trademark Registration
Trademark ownership
A registration issued by the United States Patent & Trademark Office (USPTO) provides official documentation and legal presumption of national ownership of a trademark.
Notice of Ownership
A registered federal trademark provides two benefits of notification. Once your trademark is registered, it appears on the USPTO’s on-line trademark database where anyone searching for similar marks will see it. Notice of registration to the public through your own usage should include the TM, SM or ® juxtaposed next to your mark once your filing is complete. Both of these official methods of notice provide the ability to deter most others who are considering using the trademark or something similar.
National protection
The broadest protection you can obtain for your trademark is federal registration with the USPTO. A federally registered trademark provides nationwide protection in all fifty [50] states crossing interstate borders.
A state registration covers only intrastate use of the mark in that particular state. Not registering your mark at all severely limits the geographic scope of the protection to which it might be entitled.
International Implications
U.S. trademark registration protects against imports of similarly branded goods from offshore manufacturers. U.S. jurisdiction will not cover the manufacture and distribution of those goods overseas, but it can prevent them from reaching potential customers in the United States under the protection of U.S. Customs and Border Patrol. Additionally, a U.S. registration is a local basis for international registration providing benefits afforded by other Trademark Offices overseas.
Advantages in court cases
Should you need to bring action against an infringing entity, a registered federal trademark gives you the ability to bring an action in federal court with the presumption of validity. The fact that your trademark is easily identifiable and on the USPTO register may entitle you to treble damages (three times the proven damages) if there is a loss of business thanks to a violation of your trademark. You also gain the ability to pursue statutory damages rather than having to prove a concrete value of damages – a lessened burden on you and a greater chance of success in court.
The benefits of a registered U.S. trademark are worth the effort and expense. Regardless of the product or service you offer, it is an invaluable step in protecting the success of your business.