Why Trademark?
Why Trademark?
Primary Advantages
There are many benefits to registering a trademark:
- National Protection
Trademark registration allows you to prevent others from using or registering a similar mark. As a registered national trademark holder, you would have nationwide priority when any conflicts arise. - National Notification
When registering a trademark, the entire US is considered on notice that you are using the trademark. Once the United States Patent & Trademark office grants you the registration, nobody can claim they were not aware of the mark. Trademark registration also allows you to use a trademark symbol for your name and logo. - Increased Company Value
Trademarks are “intangible” assets that increase your company’s value. If you ever sell your business or take it public, this will surely increase your company’s value. - Internet Web Address Protection
If someone attempts to register a web address (domain) which infringes on your trademark, you may be able to close down the website much more easily than if you did not have a trademark. This advantage makes trademarks essential for Internet businesses where confusing names could direct traffic from your their site.
Other Advantages
Obtaining a Federal trademark registration can provide other significant advantages such as:
- Constructive nationwide notice of the trademark owner’s claim.
- Evidence of trademark ownership.
- Jurisdiction of federal courts may be invoked.
- Trademark registration can facilitate foreign country registrations.
- Registration may be filed with U.S. Customs Service to inhibit import of infringing foreign goods.
Caveat
Many business owners are under the impression that forming a corporation or LLC, with their state, secures exclusive right to use the name. As many discover, this is not the case. In order to obtain the legal right to use a business name, nationwide, you must register it as a federal trademark and use the name in interstate commerce.
