Trademark is a sign that help distinguish the goods or
services of one enterprise from those of others. Together with industrial
design and patent, trademark of goods and services plays an extremely important
role for the growth of the enterprise. Trademark establishes a link between
enterprise and customer. A strong
trademark will attract customers to use goods or services. When trademark is
popular and economic benefits achieved through sale of goods or provision of
services coupled with trademark is large, the violation of trademark is
inevitable.
Having the registration gives you a few more rights against
an infringer than you would otherwise have. And, you are likely to get more
money if you win an infringement suit in federal court if you are registered.
Plus, if you are registered you are not limited in where you can sue for the
infringement. (see the article for an in depth explanation of this)
Having the registration puts everyone in the US on notice
that you own the mark and they cannot use it without repercussions. While you
still have protections through the common law if you are the first to use the
mark, you cannot guarantee that every person starting a business will know you
exist and are using that mark. If it is registered, it will be found on the
USPTO website and they’ll know its in use.
Having a registration makes your brand/company more valuable.
Have you heard of licensing products or brand names for products? You likely
won’t get any type of licensing deal with anyone if your mark is not registered
and protected at the maximum level.
Those are just a few reasons why registration is so
beneficial. Do I suggest anyone and everyone get a TM registration? No. It will
depend on the type of company you are running, where you are, and some other
factors. But, generally I think it is a great idea to register your mark at some point in your businesses life
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