What Are the Advantages of Trademark Registration?
Registering your trademark provides several advantages, including:
- presumption of exclusive ownership rights throughout the United States;
- the right to use the federal registration symbol, “®”;
- registration becomes incontestable after five years;
- basis for registration in foreign countries;
- the right to prevent importation of infringing foreign goods;
- the right to sue in federal court; and
- the right to recover your attorneys’ fees.
The trademark registration process can be confusing as well as deceptively simple. Much more is involved in obtaining a federal trademark registration than simply filling out a form and waiting a few weeks to get a registration certificate. Many twists and turns may occur that can serve as traps for the unwary and jeopardize the application. If you are considering a new mark, we recommend conducting a trademark search before filing an application and especially before investing in advertising for the new mark. These searches are necessary to avoid the loss of fees and other problems that may arise if your trademark application is denied. For example, applications can be rejected if marks are confusingly similar, meaning they sound alike, look the same, or have similar meanings or impressions. Our team can clear away the confusion, help at every phase of the registration process, and ensure optimal results to protect your brand.
Contact our Trademark and Copyright Attorneys to learn how to protect your brand today.