Brandigation™ Basics: Why Register Your Trademark? 

While a trademark owner in the United States has rights from first use of the trademark in commerce, federal registration at the United States Patent and Trademark Office (USPTO) provides several valuable benefits. 

A federal registration provides a presumption that (1) the trademark is valid and (2) you are the owner of the trademark, and (3) that you have the exclusive right to use the trademark. Federal registration also provides nationwide notice to the public that you are the owner of the trademark and helps others to avoid selecting a mark similar to your trademark. In addition, federal registration allows you to:

  • use the ® symbol next to your trademark;
  • file a trademark infringement suit in federal court;
  • prevent registration of another confusingly similar mark by someone else;
  • potentially file your trademark internationally, and
  • after five years of registration, obtain “incontestable” status, which further cements your status as the exclusive owner of the mark for use with the related goods and/or services.

 

Contact the attorneys at SNEED PLLC to explore the nature of intellectual property rights you own and determine how best to protect and enforce them.