CONSIDERING REGISTRATION?

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The federal law in the United States which governs trademarks (known equally the Lanham Act) has rather stringent legal rules regarding trademarks: how they're used, how they're monitored, how they're protected. I stipulation that the constabulary does not take, notwithstanding, is a strict requirement to annals your trademark with the United states of america Patent and Trademark Office (the "USPTO"). You are entitled to sure protections, rights, and privileges merely through the establishment and use of your trademark in commerce. While you're not required to annals your trademark with USPTO, y'all practice proceeds a host of advantages and additional protections if y'all do.

Therefore, even though you're not required by law to register your trademark, it's highly recommended that you do and then. Let'due south take a look at why.  The post-obit are some of the protections that you do become from an unregistered trademark, and how they compare to the more extensive privileges of use you're entitled to through federal registration.

Reason #1 to Register a Trademark – Local vs. National Protection.

Once you brainstorm using a trademark "in commerce" (watch this video to understand the "use in commerce" requirement), even if it's not registered, it gains local protection – meaning merely in the expanse in which yous're selling or offer the product or service. So if another business tries to offering a similar article with a similar name in the same area, yous have a potent legal example to go them to stop.  In most cases that protection doesn't extend to other geographic regions, though, so if a competitor elsewhere has a similar name, yous may find it difficult to accept  a legal case to terminate their usage of the trademark.  Y'all proceeds a great bargain of leverage by filing your trademark with the USPTO. Registration automatically gives you lot national protection, a stronger case, and the presumption of national ownership should another party, regardless of location, attempt to claim infringement against you.

Reason #2 to Register a Trademark – Ability to Sue in Federal Courtroom and Register with Customs (against domestic or foreign companies).

With an unregistered trademark, you may be entitled to bring an infringement case to federal court, if you tin meet certain requirements. Some of these requirements are difficult to meet, and, therefore, you may be forced to take action in state court.  If you have a federally registered trademark with the USPTO you automatically take the  right to sue in federal court, and, potentially recover damages incurred due to an infringement.

Moreover, in the instance of counterfeit appurtenances shipped from overseas – a mutual trouble for products ranging from jewelry to habiliment and across – you are required to have a registered federal trademark in order to asking protection and action by Customs and Border Patrol (CPB).

Reason #3 to Register a Trademark – A Nationwide Deterrent.

With an unregistered trademark, other businesses with a similar name are unlikely to know near your marker unless yous notify them. That ways that they've already started doing business, and may have fifty-fifty started registering their mark. In any case, at that place'south a greater burden of proof of priority on you lot with an unregistered mark. A federally registered trademark serves as national notice of its existence – it becomes listed on the USPTO Main Register and shows up in searches done by new companies, their attorneys, and/or USPTO examiners. Not only are new companies unlikely to endeavour to register a marker already listed, simply if they do, the USPTO examining attorney will reject it, signaling to the potential infringer that they should consider changing their name.

Reason #four to Register a Trademark –  Implicit Proof of Validity.

TRADEMARK REGISTRATION

Nosotros offering flat-fees for trademark clearance and filing.

An unregistered trademark gains protection through usage – but simply if it's a valid mark. We talked about those standards in other posts– uniqueness, use in commerce, then on. The trouble with an unregistered mark is that unless you're an good in trademark law, you can't quite be sure that information technology meets the standards of beingness a valid trademark nether the Lanham Human action.  The only way to be truly sure of the validity of your trademark is by filing an application for registration of the trademark with the USPTO. With an unregistered and unproven marker, the brunt of proof lies on y'all to prove a trademark correct exists should some other political party try to borrow on your name. You'll need to prove continuous use in commerce, for example, and may exist faced with questions as to whether your marker is distinct plenty to authorize for protection. With a registered trademark, the proof is right there in the registration – yous are provided with the national presumption of owners of your trademark.

It'south never too late to register a trademark, and here at Gerben Law Firm, we take plenty of experience helping businesses gain total protection past registering previously unregistered marks. Common police protections but become so far, and obtaining the benefits of a federal trademark registration can be extremely valuable for whatsoever business organization.