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Trademark Registration Benefits

There are innumerable benefits that a United States trademark registration provides. Most importantly, registering a trademark heightens the protection a trademark receives, deters others from using your trademark, and increases the remedies should someone infringe upon your trademark.

A. Greater Protection
  1. A trademark registration protects a company's name or logo, which is often a company's most valuable asset;

  2. A trademark registration grants the trademark owner exclusive nationwide ownership of the trademark;

  3. A trademark registration decreases the likelihood of another party claiming that your trademark infringes upon their trademark;

  4. A trademark registration provides official notice to others that your trademark is already taken; consequently, a company that later adopts a confusingly similar trademark can not claim ignorance of the trademark;

  5. The owner of a trademark registration obtains the future right to make the trademark "incontestable," which provides conclusive evidence regarding the validity of the trademark and of the registrant's exclusive right to use the trademark; and

  6. A United States trademark registration can be used as a basis for obtaining a trademark registration in foreign countries.

B. Greater Deterrence
  1. The owner of trademark registration obtains the right to put a (R), after the trademark, alerting others to your trademark registration and preventing the defense of innocent infringement;

  2. The trademark will appear in trademark search reports ordered by others, likely discouraging others from proceeding with the trademark registration of the same or similar trademark; and

  3. The United States Patent and Trademark Office ("USPTO") will refuse trademark registration to any trademark it deems confusingly similar to your trademark.

C. Greater Remedies
  1. Trademark registration grants the trademark owner the right to recover up to triple damages and attorney's fees from a trademark infringer;

  2. The owner of a trademark registration receives the presumption of being the valid owner of the trademark;

  3. A trademark registration increases the likelihood of the successful filing of a dispute resolution policy for an infringing Internet domain name; and

  4. The owner of a trademark registration has an automatic right to sue in federal court.

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