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Why Trademark ?
| The Risks of Not Trademarking:
If you don't trademark your name or service, someone else can register it instead and take advantage of your ideas. They can legally claim first right to using it because they registered it first with the United States Patent and Trademark Office. Can you imagine the loss of investing time and resources to build a brand name or company for years and having someone claim right to using your trademark name just because you didn't register it but someone else did! That person or company can now sue you for infringing their trademark and now you have to forfeit your brand or company name that you have worked so hard to build over time. Registering a trademark at the outset of launching a brand or company name is the prudent thing to do. You can securely begin to invest in building a brand name image without the fear that someone else can steal your name. Benefits of Owning a Federal Trademark Registration: A Trademark benefits both businesses and consumers. As a business, a trademark protects your brand or company name in today's confusing and tough market conditions. A trademark not only protects you from having someone using your name, but most importantly a trademark also prevents anyone from having a similar name within the same industry. As a result, a trademark allows you to create a clear identity and reputation of your product and/or services with customers. You can grow or expand with confidence knowing that the trade name or mark you do business with is protected. Trademarks also allow consumers to be better buyers by empowering them with the ability to distinguish brand products. This ensures that they can repeat their purchases of brands they liked and avoiding brands they didn't like. Owning a Federal Trademark registration on the Principal Register provides several important advantages, including notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration.
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 mark on related goods or services. Therefore, you, as an owner of the trademark, have the exclusive right and ownership to use the mark in your business trade. If your trademark is being misused by someone else, then you have the ability to bring a lawsuit action concerning the mark in a Federal court. In fact, you may even be able to make the other party pay monetary compensation. Nationwide Protection 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 mark 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 mark locally because you are violating their rights within the national territory. Therefore, is it imperative to obtain a Federal Trademark. 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 mark. 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. |
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