Top 5 + Reasons Why to Register a US trademark
There are many benefits to registering a US trademark, including:
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.
Reasons why to Register a US trademark
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.
Conclusion
US trademarks provide a means for businesses to distinguish their goods and services from those of their competitors. Registration of a US trademark allows you to use the ® symbol, which is recognized by the US government as your trademark rights symbol.
The benefits of registering a US trademark include the ability to prevent others from using your trademark without permission, protecting your mark against unauthorized use, and recovering damages that may have been incurred as a result of using an infringing mark. Additionally, registering a US trademark can give you greater credibility when negotiating with business partners and customers.
Finally, maintaining a registered US trademark can be an important factor in building your business. If you decide to register a US trademark, be sure to consult with an experienced attorney to ensure that your registration is appropriate for your business and is effective in protecting your interests.