MightyRecruiterYour trademark, usually a logo or specific design, is what identifies your business. A service mark, which denotes a particular service you offer, does the same. If you are lucky, eventually people will be able to recognize your company logo in a sea of others. The mark will bring your business’s reputation and services to their minds whenever they see it. You wouldn’t want anyone else to be able to benefit from the brand you’ve created, right? Your trademark is protected from misuse in common law as soon as you start using it in public, but you still might want to consider registering it with the United States Patent and Trademark Office (USPTO). Let’s take a look at some factors that can help you make that decision.
Protection by Use
If you decide not to register your trademark with the USPTO, it will fall into the category known as “protection by use.” As soon as you begin using it for legitimate business purposes, or in a commercial setting, the protection is established automatically. You may have heard this effect referred to as “common law” trademark protection.
If you are operating your business in a manner or location that doesn’t lend itself to a similar mark being created by other companies, protection by use could be sufficient. However, if you use your city name in the mark or a symbol that is widely used in your area – for example, a logo with a rose in the City of Roses – there’s a decent chance another company’s mark could look a lot like yours. These situations are where problems arise. In general, the first business that lays claim to a mark will be awarded the trademark registration at the USPTO.
Even if you have not registered a trademark with the USPTO, you can still use the trademark symbol (™) or service mark symbol (SM) next to your mark to denote your declaration.
Protection by Registration
If you are worried that your trademark or service mark will need protection at a higher level, or you want the added guarantee of exclusivity, you should register your mark with the USPTO. The additional protection against infringement a registration affords can boost your peace of mind and even improve your status in the marketplace as a legitimate business.
Once the mark is registered, you will have several added rights at the federal level. The registration puts the public on notice that you own the trademark and that you can bring action to protect it in a federal court. You will have the exclusive right throughout the nation to use the mark and put it on any of the products or services you list in your registration application.
If you intend to do business internationally, the registration of your trademark or service mark is particularly important. Having a USPTO registration bolsters your chances of successfully getting a registration in foreign countries where you would like to do business. You can also register with the United States Customs Office to make sure foreign imports don’t infringe on your trademark or service mark.
If you take the step of registering your mark with the USPTO, you can lawfully use the ® symbol with your logo, service mark, business name or tagline phrase. This puts other business owners on notice that you carry the legal registration and rights to its use.
Because your logo is the most visible sign of your products or services, it is worth considering going through the registration process with the USPTO. You may believe that you have a low risk of infringement, but the security and protection you get from having the federal registration could save you a lot of hassle in the long run if a problem does arise.
Legal Disclaimer
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.