One of the more frequently asked questions that we receive is, “What are the benefits of trademark registration?” Trademark registration provides a mark owner with numerous benefits, the most relevant of which are:
1. Federal priority over all others to use the trademarked term in commerce in association with the sale of goods or services;
2. A presumption that the trademark is valid;
3. The ability to use the ® to put others on notice of your rights;
4. The ability to file a trademark infringement lawsuit in federal court under certain sections of the Lanham Act;
5. The ability to preclude the importation of infringing copies by recording your rights with the US Customs and Border Patrol;
6. The ability to rely on a US registration for priority in foreign registrations; and
7. The ability to obtain up to $2,000,000 in statutory damages per mark infringed in a trademark infringement lawsuit.
In light of these benefits, trademark registration is an important step in protecting the goodwill built into your brand and reducing consumer confusion in the marketplace.
The answer to this question is complex and nuanced. In the last decade or so, it has become fashionable to insist there is some stark dichotomy between what a trademark is and what a brand is. But the difference is not as stark as some marketers would like you to believe. The traditional definition of […]
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The Circle R and the TM symbols both relate to trademarks and both can be physically placed on products, packaging, advertising materials, websites, etc. The Circle R symbol is an “R” enclosed in a circle (®). While both are trademark-related symbols, there are different eligibility requirements for use, meanings, and implications. Here is a quick […]
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E-commerce businesses must comply with federal and State-level advertising laws and regulations. This is true of any business. But e-commerce businesses face special challenges because there is a whole array of potential methods of innocently, accidentally, or intentionally violating advertising laws. These include the potential to engage in false and deceptive advertising practices, such as […]
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