6 Reasons why to Register a US trademark
1) Access To The Federal Court System
You can file a federal court action regardless of diversity. Your evidentiary advantages will include your trademark registration being prima facie evidence of your ownership of the Mark, your continued use of the Mark since the filing of the trademark application, of the validity of the registration, and of your exclusive nationwide right to utilize the Mark in connection with the goods and services identified in the application. If you can prove actual confusion and unjust enrichment, counterfeit sale or willful infringement, then you may be entitled to disgorgement of the infringer’s profits, money damages, attorney fees, and costs.
2) Trademarks Are Valuable Assets
Registration increases the value of the Mark as a business asset. Once registered, you will have the option to enter into license agreements or to assign either a portion of the trademark classes or all of the trademark classes for valuable consideration.
3) Use of ® or (TM)
Once you register your trademark you gain the right to use ® or (TM) or “Registered Trademark” wording.
4) Incontestable Rights
If you register your trademark and continue to use the registered Mark for five consecutive years, you can file an Affidavit of Incontestability. Your trademark rights become incontestable.
5) Your Trademark Registration Can Assist You In A Domain Name Dispute
A trademark registration is useful evidence should you find yourself involved in a domain name dispute.
6) Prevent Importation of Infringing Goods
You can file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods.
What you need to know
What can be registered as a US trademark?
A US trademark can consist of any signs, in particular words (including personal names), or designs, letters, numerals, colours, the shape of goods, or of the packaging of goods or sounds.
In practice, this means that as long as your trade mark falls into one of the categories of trade marks accepted by the Office, and can be represented by the accepted formats, you can submit it as an application without having to represent it graphically.
A word mark consists exclusively of words or letters, numerals, other standard typographic characters or a combination thereof that can be typed
It is a trade mark where non-standard characters, stylisation or layout, or a graphic feature or a colour are used, including marks that consist exclusively of figurative elements
Figurative mark containing word elements
A figurative mark consisting of a combination of verbal and figurative elements
We take care of it.
Our lawyers have years of experience and extensive know-how in trademark law and registrations (we have registered over 4000 marks so far). We ensure that the registration of your brand is durable and successful.
Support from trademark registration to enforcing your trademark rights
From trademark registration to competent legal advice in the area of trademark infringement and trademark licensing you can count on us.
We protect your intellectual property – worldwide.
Feel free to contact us if your intellectual property has to be reliably protected – we’ll take care of it.