There are numerous benefits to registering a trademark and utilizing the IP services. Registering a trademark maintains prior protection and enhances it and deters others from using your trademark as well as increases the remedies should someone infringe upon the trademark. Using a trademark increases the likelihood of receiving all of the benefits discussed below.
Registering a trademark provides greater Protection
Registering a trademark protects a company’s name or logo, which is often a company’s most valuable asset;
Registering a trademark grants the trademark owner exclusive nationwide ownership of the mark;
Registering a trademark decreases the likelihood of any existing infringement or counterfeiting against a third party’s mark.
Registering a trademark provides official notice to others that a trademark is already taken; consequently, a company that later adopts a confusingly similar trademark cannot claim ignorance of the mark;
Through registering a trademark, the trademark owner obtains the future right to make the mark “incontestable,” which provides conclusive evidence regarding the validity of the mark and of the registrant’s exclusive right to use the mark.
Registering a trademark deters others from using your trademark
By registering a trademark, the trademark owner obtains the right to put the symbol ®, after the mark, alerting others to your registration and preventing the defense of innocent infringement;
By registering a trademark, the trademark will appear in trademark search reports ordered by others, likely discouraging others from registering a similar or identical mark; and
Through registering a trademark, the Trademark Office will refuse registration to any trademark that is deemed confusingly similar to the registered trademark.
Registering a trademark provides the trademark owner with greater remedies
Registering a trademark grants the trademark owner the right to recover damages and compensation fees from the infringer;
By registering a trademark, the trademark owner receives the presumption of being the valid owner of the mark;
Registering a trademark increases the likelihood of the successful filing of a dispute resolution policy for an infringing Internet domain name; and
Registering a trademark gives the trademark owner an automatic right to sue in the competent courts within a jurisdiction.
Why hire a trademark advisor?
To ensure you are making the proper filing decision at the outset of the filing process in terms of classification of goods and/or services and the mark’s shape and/or logo.
To obtain legal advice regarding the use of the trademark, filing an application, and the likelihood of success in the registration process, since not all applications proceed to registration.
To obtain a wide range of services and multiple registrations worldwide for your mark in a cost-effective manner without having the urge to hire an attorney in each country state
May offer free or greatly reduced services to financially under-resourced individuals and small businesses.
To file lawsuits, oppositions, appeals, counter-statements and act against counterfeiting and third party infringement
To conduct searches and monitor similar or identical marks and reserve your right for the mark in terms of priority of filing, examination, deadlines, renewals and use of the mark.
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