The Benefits of Registering Your Trademark

There are many benefits of registering your Trademark. When a business owns a registered trademark, competing businesses cannot use the protected name, logo, or slogan on their products or services. The business has the exclusive right of use throughout the United States.

For example, Fuji is a common variety of apples. Assume someone began producing a new line of smartphones, called them FujiFones, and placed a logo that looked like an apple on it. Due to Apple’s famous logo, they should not be surprised when Apple sues them for trademark infringement.

This scenario is an example of the broad protections that trademark registration confers upon businesses.
More specifically, some benefits are as follows:

You are the Presumed Legal Owner of the Trademark

Federal trademark registration confers upon the Registrant a presumption of ownership of the mark, including the exclusive right to use the trademark throughout the United States on the goods or services claimed. You also have the right to prevent competitors from using words, logos, or slogans that are confusingly similar to your mark on their goods or services. You have ultimate control over use of your mark, and which products or services are associated with it.

Your Trademark Appears In the US Trademark Office Database

Once a trademark is registered, it is added to the Federal Registers of Trademarks, easily available to the public on the USPTO Trademark Electronic Search System (TESS). Any other business wishing to use a selected trademark will generally search this database prior to filing its own trademark application, and having your trademark listed there may discourage them from even adopting a similar trademark. Therefore, your trademarks listing in the database minimizes the chance other legitimate businesses will choose a same or similar trademark. It also makes defending your trademark easier in court, because infringing companies cannot claim they were not aware of your trademark. Your mark would easily come up in a search.

You Can Sue Others That Use Your Registered Trademark

This ability to file a federal lawsuit is a major advantage of having a federally registered trademark. When a business chooses its name, its incorporation and/or fictitious business name filing does not confer trademark protection on that name. That name is simply the name by which a company identifies itself. However, competing businesses may have similar names, and if an out-of-state competitor uses the same name, there may be little legal recourse to prevent confusion. With federal trademark registration, the registrant can sue infringing businesses in federal court to prevent confusion.

Easier International Registration

Businesses that seek trademark protection in foreign countries and territories can apply by claiming priority under international treaties from their US trademark application filing. Businesses that already have trademark registrations in the United States often have an easier path to protection in many foreign countries.

Offers Protection with Homeland Security and Customs from Wrongful Foreign Imports

Once you obtain a federal registration of your trademark, you can then record that registration with the National Intellectual Property Rights (IPR) Coordination Center of the U.S. Immigration and Customs Enforcement (ICE) at the Department of Homeland Security. This U.S. task force combines the resources of 23 U.S. and foreign agencies in the investigation and interdiction of counterfeits and knock-offs and the enforcement of your trademark rights. Homeland Security can seize products at the border or even in warehouses within the United States if they have been imported in violation of US law. The key to accessing these resources and protecting your rights is a federally registered trademark.

Right to use the Registered Symbol

While any company claiming trademark rights can use the TM symbol, only companies holding a federally registered trademark are legally allowed to use the registered symbol. Other entities using the registered symbol without federal registration are in violation of federal law. This is discussed below in further detail.

You Are the Presumed Legal Owner of the Mark

Federal trademark registration confers upon the Registrant a presumption of ownership of the mark, including the exclusive right to use the trademark throughout the United States on the goods or services claimed. You also have the right to prevent competitors from using words, logos, or slogans that are confusingly similar to your mark on their goods or services. You have ultimate control over use of your mark, and which products or services are associated with it.

You Trademark Appears in the U.S. Trademark Office database

Once a trademark is registered, it is added to the Federal Registers of Trademarks, easily available to the public on the USPTO’s Trademark Electronic Search System (TESS). Any other business wishing to use a selected trademark will generally search this database prior to filing its own trademark application, and having your trademark listed there may discourage them from even adopting a similar trademark. Therefore, your trademark’s listing in the database minimizes the chance other legitimate businesses will choose a same or similar trademark. It also makes defending your trademark easier in court, because infringing companies can’t claim they weren’t aware of your trademark. Your mark would easily come up in a search.

You Can Sue Others That Use the Registered Trademark

This ability to file a federal lawsuit is a major advantage of having a federally registered trademark. When a business chooses its name, its incorporation and/or fictitious business name filing does not confer trademark protection on that name. That name is simply the name by which a company identifies itself. However, competing businesses may have similar names, and if an out-of-state competitor uses the same name, there may be little legal recourse to prevent confusion.
With federal trademark registration, the registrant can sue infringing businesses in federal court to prevent confusion.

Easier International Registration

Businesses that seek trademark protection in foreign countries and territories can apply by claiming priority under international treaties from their US trademark application filing. Businesses that already have trademark registrations in the United States often have an easier path to protection in many foreign countries.

Offers Protection with Homeland Security and Customs from wrongful Foreign Imports

Once you obtain a federal registration of your trademark, you can then record that registration with the National Intellectual Property Rights (IPR) Coordination Center of the U.S. Immigration and Customs Enforcement (ICE) at the Department of Homeland Security. This U.S. task force combines the resources of 23 U.S. and foreign agencies in the investigation and interdiction of counterfeits and knock-offs and the enforcement of your trademark rights. Homeland Security can seize products at the border or even in warehouses within the United States if they have been imported in violation of US law. The key to accessing these resources and protecting your rights is a federally registered trademark.

Right to Use the ® Symbol

While any company claiming trademark rights can use the TM symbol, only companies holding a federally registered trademark are legally allowed to use the ® symbol. Other entities using the ® symbol without federal registration are in violation of federal law. This is discussed below in further detail.

Ready to apply for your trademark application? AKeyMark is a patent-pending platform that combines the ease and efficiency of an online trademark form with the added benefit of an expert trademark paralegal and attorney team that reviews and files trademark applications.

For more information, or to apply for your trademark application in as little as 15 minutes, get started here.


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