An often asked questions is: “what are the benefits to registering your trademark?” Why register to begin with? Well, here we respond to some of the most frequently asked questions on the topic.
Exclusive Rights to a Trademark Owner
Upon registering your federal trademark name, the Unites States government grants trademark owners the right to exclude all other businesses and individuals from using a similar trademark on related goods or services. Therefore, you, as an owner of the trademark, have the exclusive right and ownership to use the trademark in your business trade. A registered trademark can, after five years, become incontestable at which point the exclusive right to use the trademark is conclusively established. In plain English, this means that you can legally stop someone from using a similar trademark.
Your Trademark will Appear in Public Databases
When you file and register a trademark it will appear in the federal trademark database at the United States Patent and Trademark Office (USPTO). Generally, a company would do a federal trademark search prior to filing a trademark application. If your trademark appears in the public database, then it prevents others from using and filing similar trademarks. This helps you save time, money and the legal hassle of defending your trademark rights against infringes.
Nationwide notice gives you protection within the whole Unites States geographical territory. This is one of the most important reasons in registering a Federal Trademark. Without a Federal registration you may be only protected within your local area under the common law. Federal Trademark registration is an important step that enables any business to grow and expand in other markets of the country without the fear that someone else is already using their trade name.
To expand your business nationally without a Federal registration is risky business because any party who uses your trademark in a different geographical territory than you, and does so prior to your federal registration, will have the power to stop you from using the trademark in the particular region of the country in which they have already established their business. In addition, they may even stop you from using your trademark locally because you are violating their rights within the national territory. Therefore, it is imperative to obtain a Federal Trademark for those reasons.
Ability to Bring a Lawsuit in Federal Court
The owner of a Federal trademark registration has an easier ability to bring a lawsuit in Federal Court against any party who infringes their respected trademark. In some cases, the owner may even obtain monetary compensation for their losses. It is possible to recover an infringement monetary award of three times your actual damages, plus attorney fees, and doing so is only possible with a registration.