Whenever you see any big brand, the first thing you notice is its trademark which is logo, phrase, name, etc. This is because the trademark is their identity, and they have registered it so that people can easily recognize the brand and no other person can copy it. Moreover, businesses can ensure legal security for their goods and services while utilizing trademark registration as a powerful marketing strategy. A summary of trademarks and a description of how they might help your business are provided below. Furthermore, registering a trademark in the US can be beneficial as it comes with a lot of benefits. If you have a federal trademark registered in the US, then you will get access to the US judicial system in case of infringement.
You have undoubtedly put much effort and time into building your company’s image. That is why understanding how to safeguard your money is so crucial. You can maintain total control over your business thanks to the legal safeguards that come with trademark registration in the US.
What is a US Trademark?
Any word, name, symbol, device, or combination that is used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of other sellers or providers, as well as to indicate the source of the goods/services, is considered to be a trademark or service mark, according to the US Patent and Trademark Office[1]. A trademark is usually the company name or image; it is crucial to have a distinctive, memorable name or design so that consumers can quickly distinguish your company from that of your rivals.
What Is The Importance Of US Trademark Registration?
Trademark registration is essential to provide your business or identity with a unique name or logo. No one else is permitted to use your business name or logo without your consent as a consequence. It protects the properties of your company. US Trademark is the most important intellectual property right that protects your brand from the very beginning. The most significant advantage of US Trademark Registration is the violation protection it offers. A federal government-registered trademark is worth and legal to use nationwide. A domain name can make your company stand out from the competition and boost global growth.
Advantages of US Trademark Registration
Here are the advantages of US Trademark Registration:
Valid Across India
By using a brand that is already in the public realm, a company or person may be able to obtain some legal protection in the United States. But these common law privileges have some restrictions. When pursuing legal action against copyright violation, a company proprietor with an unregistered brand may encounter difficulties. The small geographic area where the company is situated is also the only place where common law rights are applicable. If the company subsequently decides to grow into other areas where a comparable mark is already in use, this could cause problems.
On the other hand, a trademark that has been filed with the central government is presumed to be legal across the country. In addition to your area, all fifty states are protected against copyright violation when registering your brand with the USPTO. This implies that you can develop your company and penetrate new markets without worrying about infringement on already-registered marks. You will be permitted to use the ® sign as a registered trademark proprietor, which many prospective clients view as adding another level of legitimacy and expertise.
International Registration Can Be Accessed Through Federal Trademark Registration
Although a nationally recognized trademark offers priceless legal protections, those shields are limited to domestic conflicts. You must file your brand in other nations in order to receive trademark protection on a global scale. There are two primary options available when submitting a foreign trademark registration. The first is to submit an application via the Madrid Protocol. This global agreement enables users to submit a single application that may then be used in more than 90 partner nations. However, the first step to submitting a patent using the Madrid Protocol is to first register with the USPTO.
Utilizing native legal counsel in each nation is another way to register trademarks there. Your U.S. trademark registration will be a launching pad for foreign trademark protection if you register your trademark directly with each nation’s trademark office. Your priority date in other nations will be the day you file with the USPTO. (If you file the international trademark applications within six months of your US filing). This is a significant benefit because it discourages others from filing your mark in nations where bad faith registrations are increasing, like China and India.
Access to Federal Judicial System
Regardless of variety, you may initiate a federal judicial proceeding. Your trademark registration will be prima facie evidence of your ownership of the Mark, of your continued use of the Mark since the trademark application was filed, of the registration’s validity, and of your sole nationwide right to use the Mark in connection with the goods and services listed in the application. These are some of your evidentiary advantages. You can ask the federal courts to issue a restraining order requiring an end to the violation. You may be entitled to disgorgement of the infringer’s earnings, money penalties, attorney fees, and expenses if you can demonstrate genuine misunderstanding, unfair benefit, counterfeit sale, or intentional infringement.
Marks are Important Assets
The Mark becomes more valuable as a corporate asset after registration. Once registered, you can sign license agreements or offer to transfer all or a part of the trademark classes in exchange for money. Your company will lose its worth if you do not register your mark. You run the risk of limiting your business possibilities and being unable to take your company to attract new locations. As your company grows, your trademark will also grow, building the reputation of your company. Also, you are supposed to renew your trademark after every ten years, and then you can use it for the next ten years. Failure to renew the mark may cause damage to the brand name.
Unique Trademarks Make You More Visible to Customers
A solid internet profile is crucial to any company’s marketing strategy. A registered trademark can help you stick out from the competition since most people use social media or internet search engines to discover the products or services they need. A powerful logo ought to be recognizable and unforgettable. By doing this, your consumers will be able to find you in your crowded industry and should have no trouble finding your website and social media platforms when they conduct a search for your brand.
Knowing that you have internet rights to your brand as a registered trademark owner is useful as your company expands. Unfortunately, some people attempt to purchase domain names to sell them to company owners for a lot more money. In order to defend registered brand proprietors in domain name conflicts, the Anti-Cybersquatting Consumer Protection Act was created. However, an individual conducting business without a brand registration might not have the same legal recourse against cybersquatters.
Conclusion
It will take a year to file a new word as a trademark, even if you employ a trademark attorney to investigate and file on your behalf. Consider buying an established trademark registration when your business is just getting started. However, registering a copyright in the US takes a lot of time and effort. As a result, we advise you to research copyright filing services in the US. Most of the work will be done by experts from Corpbiz, including copyright research, filing, papers, and filing, and guiding you through the process.
Also Read:
Understanding On Powers And Functions Of The Registrar Of Trademark
