registering a trademark

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Why register a trademark?

Registering a trademark heightens the protection it receives, deters others from using your trademark, and increases the remedies should someone infringe upon the trademark.

A. Greater Protection

1. Registration protects a company's name or logo, which is often a company's most valuable asset;
2. The trademark owner receives exclusive nationwide ownership of the mark;

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

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

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

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

B. Greater Deterrence

1. The trademark owner obtains the right to put a , after the mark, alerting others to your 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 registration of the same or similar mark; and

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

C. Greater Remedies

1. Registration grants the trademark owner the right to recover up to triple damages and attorney's fees from an infringer;
2. The trademark owner receives the presumption of being the valid owner of the mark;

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

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


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