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Trademark Registration

Trademark Registration

Trademark Registration Attorney

Benefits of Applying to Register Your Trademark or Service Mark

Registering your trademark or service mark is a valuable investment for your business. It gives you exclusive rights to use your mark nationwide and helps protect your brand and reputation.

Here are some of the key benefits of trademark registration:

  • Exclusive rights: A trademark registration gives you the exclusive right to use your mark in connection with the goods or services identified in your registration. This means that you can prevent others from using your mark without your permission.
  • Notice to the public: Registering your trademark puts everyone on notice of your ownership of the mark. This can help deter others from using your mark without your permission and make it easier to enforce your trademark rights if they do.
  • Presumption of validity: A registered trademark is presumed to be valid. This means that if you sue someone for trademark infringement, you don't have to prove that you own the mark. The burden of proof is on the infringer to prove that your registration is invalid.
  • Access to powerful remedies: If someone infringes your trademark, you can sue them for damages, injunctive relief, and other remedies. A registered trademark gives you access to additional remedies, such as statutory damages and the ability to seize counterfeit goods.

In addition to these key benefits, there are a number of other advantages to trademark registration, including:

  • Use of the ® symbol: Only registered trademarks can use the ® symbol. This symbol is a powerful signal to consumers that you own your brand and that you are serious about protecting it.
  • Constructive notice: Under the Lanham Act, registration of a trademark puts everyone on notice of the registrant's use of the mark. This means that if a third party uses a confusingly similar mark, they cannot avoid liability by claiming that they were unaware of the registration.
  • Better deterrence: Trademark registrations are published in a public database. This allows businesses to search for existing trademarks before they adopt their own marks, which can help reduce the number of trademark infringement disputes.
  • Social media and internet commerce: Trademark registrations are increasingly important for businesses that rely on social media and internet commerce. For example, Amazon requires businesses to have a US trademark registration in order to participate in its brand registry program.
  • Customs and Border Protection: A trademark registration can be recorded with the US Customs and Border Protection (CBP). This allows the CBP to block imports of counterfeit goods that infringe your trademark.
  • Trademark licensing: A registered trademark is more valuable to potential licensees than a common law trademark. This is because a registered trademark has nationwide exclusivity, while a common law trademark is only protected in the geographic area where it is used.
  • Intangible asset: A trademark registration is a legally recognized intangible asset that can be valued and pledged as collateral for a loan.
  • Foreign trademark rights: A US trademark application can be used as a basis to obtain a trademark registration in a foreign country. This means that you can protect your trademark rights around the world.
  • Legal remedies: If someone infringes your trademark, you may be able to recover treble damages and attorney's fees. A registered trademark also gives you access to statutory damages, which are a monetary award that you can recover without having to prove actual damages.

Why Hire a Trademark Registration Attorney?

While it is possible to register a trademark without the assistance of an attorney, there are many benefits to working with an experienced trademark attorney. A trademark attorney can help you:

  • Choose the right trademark for your business
  • Conduct a trademark search to determine whether your trademark is available
  • Prepare and file your trademark application
  • Respond to any office actions issued by the USPTO
  • Protect your trademark rights once your trademark is registered

If you are serious about protecting your brand, it is worth the investment to hire a trademark registration attorney.

Contact Us Today

To learn more about the benefits of trademark registration and how we can help you register your trademark, please contact us today. We offer a free consultation to discuss your specific needs and goals.

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