5 Reasons Why You Should Register Your Trademarks

We are often asked by our customers why should I register my trademark? Isn’t it true that I can begin use of my trademark without a registration?

The answer may come as a surprise to some but this is, in fact, true. You do not need to register your trademark to use the same to identify your goods or services.
However, before dismissing registering your trademark consider the value and protection afforded by a Federal Trademark Registration for a relatively modest price.

A Federal Trademark Registration provides:

1. Constructive notice nationwide of the trademark owner's claim.

Notice is one of the biggest issues in trademark law. When a lawsuit arises or a claim of infringement one of the issues which must always be addressed is whether the alleged infringing party was on notice of the trademark owner’s rights. By statute, a Federal Trademark Registration provides that everyone in the United States is on notice of rights retained by owners of Federal Trademark Registrations.

2. Evidence of ownership of the trademark.

Often challenges can arise as between parties concerning rights in competing trademarks. Those who have had the foresight to have their trademarks registered almost always retain the upper hand in such conflicts as retaining a Federal Trademark Registration is significant evidence that the trademark holder retains rights in the mark it alleges to own.

3. Jurisdiction of federal courts may be invoked.

From time to time Trademark Enforcement and Trademark Defense disputes may arise to the point that litigation is involved. Owners of Federal Trademark Registrations enjoy the benefit of being able to bring their disputes in Federal District Courts throughout the country.

4. Registration can be used as a basis for obtaining registration in foreign countries.

The United States is now a signatory to the Madrid Protocol. The treaty permits the owners of Federal Trademark Registration(s) to easily extend their U.S. rights to receive International Trademark Registration(s) in more than 78 countries around the world.

5. Registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods.

Lastly, an owner of a Federal Trademark Registration can file the same with the U.S. Customs and Border Protection (“USCBP”) and have the USCBP stop infringing goods from ever entering the country.

Conclusion.

So do you need to register your trademark, no. But given the cost, it is one of the best investments in your brand you will ever make.

The Trademark Company