In the United States, at the federal level, trademarks are registered by the U.S. Patent and Trademark Office. Most U.S. States also offer trademark registration. Historically, trademark registration began at the State level and only became a federal issue in the late 1800s and early 1900s.

Trademark registration is important and beneficial to the owners of the trademark. In this article, the experienced and top-rated Trademark Lawyers at Revision Legal highlight some of the business and legal benefits of registering your trademarks.

Valuable business assets — Trademarks are valuable business assets that can be licensed, sold, used to attract investors, and as collateral for financing.

Enhanced legal remedies — Registering your trademarks provides enhanced legal protections. Under U.S. trademark laws, once a trademark is registered, lawsuits for infringement can be brought in federal court. Federal courts are generally considered to be superior to State courts. In addition, federal law provides enhanced penalties, allows for injunctive relief, the award of attorney’s fees, and the potential for punitive damages in certain circumstances. Further, after the statutory time has elapsed, a registered trademark can “ripen” in such a manner that the trademark is unchallengeable.

Famous registered trademarks have even more legal protections — Some trademarks will become famous and, when they do, there are even more legal protections provided by registration. These involve causes of action for trademark dilution and tarnishment. These claims are based not on the concept of infringement, but on the idea that a person or business acts in such a manner to dilute or tarnish the effectiveness of a trademark. This can happen if the trademark is associated with things that are unsavory (like criminal behavior, pornography, etc.)

National protection — Registering your trademarks at the federal level provides nationwide exclusive use of and protection for the trademark.

Notice of trademark rights — Registering your trademarks provides a strong form of notice to others that your trademark exists. This allows others to avoid creating a confusingly similar trademark, which helps avoid infringement. Further, if some DOES create and use a confusingly similar trademark, the notice provided by registration can be used as evidence of willful infringement. If willful infringement is shown, then punitive damages are available.

Makes international registration easier — Registration of a trademark at the federal level provides the “foundation” upon which a trademark owner can register international trademarks through international treaties like the Madrid Protocols.

Triggers remedies from U.S. Customs and Border Control — Registering your trademarks allows a trademark owner to request assistance from U.S. Customs and Border Control with respect to the importation of unlawful, pirated, and fraudulent products.

Contact the Trademark Attorneys at Revision Legal

For more information, contact the experienced Trademark Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.