Benefits of Registering a Trademark
Benefits of Registering a Trademark:
If the mark is federally registered, then benefits include:
- Publicly notification of ownership of the mark
- Exclusive right to use the mark nationwide in connection with the goods/services listed in the registration
- Ability to bring an action in federal court to protect this right
- Use of registration as a basis for registering in foreign countries
- Ability to register with the U.S Customs and Border Protection (CBP) Service to prevent importation of infringing foreign goods
- Use of the federal registration symbol ® and the mark will be listed in the USPTO’s database.
If the mark is registered with the state, then the exclusive right to use the mark is solely within that state’s territory.
Do you still have protection of you don’t register a trademark?
A mark does not need to be registered, to be protected. A trademark may be protected and have rights under the common law of unfair competition if the mark is actually being used. Unfair competition describes a broad field where someone may have a claim against deceptive and unfair business practices. The policies supporting this broad field of common law is that business should be conducted fairly, competitors should not be allowed to trade on another’s good will, claim that his goods are those of another and/or be enriched from these acts, the good will and property of another should be protected and the public should be protected from various kinds of deceptive business practices.