Michael W. Schroeder
All You Need To Know About Trademark Registration In The USA
Updated: Nov 6, 2020
Intellectual property is more important than ever in today’s business world. As per the USA's trademark system, a trademark can be defined as a logo, word, phrase, or slogan signifying the supply of services and/or goods. The Lanham Act governs the American trademark law.
Common law trademark rights are acquired when businesses use a logo or a name in commerce as a source identifier for their goods and/or services. Common law rights are also enforceable in various state courts. In addition to that, trademarks serve their owners by providing them with financial advantages and recognition for what they produce or manufacture. The US Patent and Trademark Office (USPTO) controls the federal registration of trademarks within the country. Besides this, all the states have their own statewide trademark registration for companies that operate within a single state. The Trademark Act 1946, also known as the Lanham Act, offers the legal footing for federal trademark protection in the US.
Any business or individual who claims to be the owner of a logo, phrase, or word can apply for a trademark. This includes corporations, partnerships, limited liability companies, limited partnerships, trusts, sole proprietorships, and joint ventures. You may also apply for a trademark in the capacity of an individual.
Benefits Of Trademark Registration
The main advantage of trademark registration is that it legally prevents others from using marks that are confusingly similar to yours. Federal trademark registration serves as presumptive proof of your ownership and validity of your trademark. In certain instances, it also entitles you to recover triple damages from willful infringers. Furthermore, your federal trademark registration will be recorded in the USPTO’s database, helping to stop any future disputes before they even begin as the USPTO Examining Attorneys must cite any prior registrations for similar marks and refuse the registration of similar marks. As a result, when you register your trademark, you also enlist the US government to stop trademark infringement at no extra cost or resources to you.
Limited Liability Company (LLC)
Your trademarks represent the goodwill of your business. Your use, development, and protection of your organization’s marks are not merely the “cost of doing business,” but rather are an investment in consumer goodwill, which eventually leads to greater customer satisfaction and higher sales. In addition, trademarks are one of the few corporate assets that can last forever and continue to build in value. Proper procurement, use, maintenance, and enforcement of your organization’s marks are, therefore, vital to its continued growth and success.
Federal trademark registration in the United States provides many benefits, including a presumption of ownership of the mark and the exclusive right to use the mark across the entire country and all US territories. But certainly, one of the biggest advantages of trademark registration is that it grants an LLC the right to use the federal symbol of registration (®). Once you apply this symbol to your services and goods as listed in the registration, you will essentially be promoting your products in the best light. This will also alert your competitors to your company's true seriousness and your intention towards preserving its rights. It also serves as a notice of your federal registration, granting you the right to sue a party in court or get exemplary lawyer fees and damages, thereby offering you the potential for monetary recovery where necessary. Trademark registration also empowers the United States of America Customers and Border Protection so that they can block imports with trademark infringement or counterfeits at no extra cost to you.
Although certain organizations may operate internationally, there is no such thing as worldwide protection of a trademark. It is important to formally register your marks in each country in which you plan to sell goods and/or provide services. The first individual/company to register enjoys superior rights over all others in many countries. While most countries recognize domestic trademark registrations, not all of them recognize common law rights. As such, if a third party registers a similar mark prior to your registration attempt, you may be prohibited from using your mark in certain international jurisdictions.
How Can Trademark.Legal Help You?
With the help of Trademark.Legal and its competent team of trademark attorneys, you can rest assured that your mark will be protected. We can help you register your trademark in a few efficient steps. We offer help to all clients with their USPTO applications, conflict searches, renewals, registration maintenance, assignments, and ownership changes. In case your USPTO application has been refused, we can also help you understand the reason behind the refusal and increase your chances of success in response. Our range of services also includes trademark trials & appeals, trademark infringement, cease and desist letters, licensing, settlement negotiations, and much more.
Trademark.Legal is an experienced legal team, highly skilled in all manner of trademark prosecution and litigation. With us in your corner, you can register your trademark with the law backing you. Our team has experts with the proper licensing and qualifications in trademark registration and trademark infringement who understand the many nuances of the Lanham Act. You can count on our expertise to get your mark registered or help you avoid extended legal disputes in case of infringement or USPTO refusals.
If you are ready for a chat or wish to discuss further, feel free to get in touch with us via phone (323-553-1541) or email (email@example.com).