Ask an Attorney – Should I Register My Trademark?

Ask an Attorney – Should I Register My Trademark?

Trademarks are business assets that can be protected through registration with the United States Patent and Trademark Office. This video includes an overview of important aspects of trademark registration.


Should I consider registering my trademark?


Trademarks are business assets that can be protected through registration with the United States Patent and Trademark Office.

Here are some important aspects of trademark registration as well as additional, valuable information:

  • Trademark registration provides nationwide, constructive legal notice of your rights in a mark;
  • Registration provides expansion and potentially priority of rights in relation to others that use the mark in different geographic areas;
  • Registered trademarks include the symbol ®. This symbol provides notice and reduces the likelihood that others will try to use the mark;
  • Within the first five years of registering your mark at the USPTO, if there is trademark infringement litigation, instead of being required to prove, for example, your ownership of a mark or that your mark is valid, the other party who is using a similar mark on similar goods or services will be required to disprove that your ownership of the mark or that your mark is valid. These benefits become stronger after the mark is registered with the USPTO for more than 5 years and certain declarations are filed;
  • If your trademark is registered with the USPTO, there is a potential for higher damages and attorney’s fees associated with any litigation.

If you get into an internet domain name dispute, having the registration is also beneficial and a good piece of evidence. You can record any trademark registration with the customs boarder patrol that means that you can stop infringing goods from even entering the united states if you have that mark registered, the customs boarder patrol will be looking for you for products coming in that might be infringing and they will stop them from even entering the US

Your registration and your brand, reputation and goodwill all go hand in hand – this is one of your strongest business assets and if you want to license your mark, franchise your business rights, if you need additional investors or you even want to secure a loan, the trademark registration in and of itself is an asset that you can utilize for any of those things.