Importance of Registered Trademarks

        There are some trademark protections for a name or logo without registering with the United States Patent and Trademark Office (“USPTO”).  Does this mean that registration with the USPTO is unnecessary? No.  There are many reasons why a business should register its trademarks or service marks (I will use “trademarks” to refer to both types in this article) with the USPTO.  Some of the reasons why a trademark should be registered are as follows:

1. The trademark will be an asset of your business, and will add value to your company. And in the case where a company may be purchased, the buyer will want to be certain that it can use the purchased goodwill in all geographical areas of the country. If a trademark is not registered, it will not receive any protection outside of a limited geographic area, and the remedies are limited.

2. The official registration symbol ® is effective in discouraging potential infringers from using your trademark or one confusingly similar. Also, your registered trademark will appear in the USPTO’s online database. Therefore, companies and their attorneys will be aware of your trademark and likely will not adopt one that is similar. Brands are extremely valuable assets, and the registration symbol shows that you value your brand.
3. Having a registered trademark with USPTO will help in obtaining a registration for rights in other countries.
4. Your chances of being accused of infringement from another company will be reduced. If you have a registered trademark, it means that officials at USPTO have evaluated your trademark and did not find any confusingly similar registered trademarks.
5. You can bring a case in federal district court to enforce your rights. The federal courts are far more familiar with trademark issues than state courts, and you will have the potential to recover lost profits and attorneys’ fees in federal court. The applicable federal laws also may provide you with the opportunity to obtain a “cease and desist” order, which could be extremely valuable in your dispute.
6. A registered trademark can be filed with U.S. Customs and Border Protection (“CBP”), a bureau of the Department of Homeland Security. CBP officers monitor imports to prevent the importation of goods bearing infringing marks, and can access the recordation database at each of the 328 ports of entry in the United States.
7. After your trademark has been registered for five years, it may become “incontestable,” subject to certain exceptions. This means that its protection will be even stronger, and very difficult to challenge.
8. It is not very expensive to register a trademark or service mark with USPTO. For example, registration of a trademark with the USPTO should be a fraction of the cost to obtain a patent. The limited cost is most likely more than justified by the benefits of registration.

        These are just some of the benefits of registering a trademark with the USPTO. In addition, each state has registration procedures that provide some benefits for the particular state. Every business owner should consider whether trademark or service mark registration of a name and logo should be obtained to protect these valuable assets of a business.