Why Should I Register A Trademark?

Trademarks and service marks can consist of names, logos, phrases, colors, sounds, packaging, and even building designs which designate the source of the goods or services provided. Trademarks can not merely describe the good or service sold. For example, if you sell pens, you can not have a trademark for the name “Pen Company”. The protection provided by a trademark gives you the right to limit the use of marks that are likely to confuse customers as to the source of the goods or services. This means that someone can not use a mark that is similar to your mark if the items sold are also similar. Trademarks are created by use of the mark, and not by registration. This means that you must be using the mark in the sale of goods or services in order to claim rights to that mark. The first to use the mark has superior rights to the mark. There are advantages for registered marks, and you may get superior rights by filing for registration before you use of the mark.

The legal advantages of registration are as follows:

• Constructive notice to the public of your claim of ownership of the mark;
• A legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration;
• Triple damages for intentional infringement and attorney fees for clear intentional violations;
• The ability to bring an action concerning the mark in federal court;
• Possibly superior rights to a domain name or similar domain names; and
• The mark can become incontestable (i.e. no one can challenge your right to the mark) after it is registered for 5 years.

The business advantages are as follows:

• People associate a registration with value in a mark;
• People respond better to a demand letter to stop using the mark when the mark is registered;
• It deters people from using your mark or something similar; and
• It can help with marketing (people recognize the ® symbol, and it makes the goods or services associated with the registered mark seem special or better than a competitors goods or services not using a registered mark).