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Protecting Your Business Reputation is a Smart Move
T is when a mark is selected, adopted, used, and promoted without the benefit of a professional search. Then a cease and desist letter is received or a lawsuit is filed. If it turns out that someone else has rights in your mark, your investment of time and money, as well as the goodwill associated with the mark, can be totally lost. You could also be held liable for monetary damages, loss of sales, and legal fees. Clearly, it is better to check out a mark prior to adoption and use, and to avoid the risk that you will lose potential rights by filing an intent-to-use application before the mark is publicly exposed. In this current global economy, you should consider federal trademark registration, as well as trademark rights throughout the world.
About Federal Registration
Marks can become powerful symbols of products and services in the marketplace that help businesses create branding strategies that establish consumer loyalty, deter competition, and make money for the owner of the mark. Whether you are implementing a marketing plan or working to develop one, the success of that plan may ultimately depend on the steps you take now to research and federally register your marks.
Benefits of Federal Registration
Specific benefits of having a federally registered trademark include: constructive notice nationwide of the trademark owner's claim; evidence of ownership of the trademark; the jurisdiction of federal courts may be invoked for infringement disputes; registration can be used as a basis for obtaining registration in foreign countries; and registration may be filed with the U.S. Customs Service to prevent importation of infringing foreign goods.
Establishing Nationwide Priority
Federal registration will protect your business goodwill in your marks and enable you to maintain an exclusive position in the marketplace for your product or service. You can obtain nationwide priority with your marks and block others from registering confusingly similar ones. You can establish national rights by using and seeking to register a mark, or you can reserve it nationwide by filing a federal application stating that you intend to use the mark.
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