MightyRecruiterStarting a business can be a lucrative, albeit costly, endeavor, and it might cross your mind to put off registering your mark in order to keep costs down. After all, it is not mandatory that you register in order to do business, and you can, in some cases, use the fact that your mark has been in use by you as proof that it belongs to you. However, the benefits of registering can greatly outweigh those of waiting, and it can offer greater protection of your goods and services down the road.
Public Notice
Having a mark registered puts all others on notice that it belongs to you and is used with the types of goods and services you have stated. This allows companies that come after you to be made aware that it is already taken, and any marks that are duplicates or similar enough to cause confusion to customers cannot be used. You can take other companies to court over the use of your mark even if you opted not to register it, but it can take time and resources to prove your rights to it. However, if it has been registered, you can simply send a legal notice to cease and desist along with information regarding your trademark registration. This is a much easier and cost-effective way to tackle infringement.
Increase Business Value
Having a registered trademark increases your company’s value. Once the application has been accepted, you can integrate the registered trademark symbol into your name, which offers a higher sense of legitimacy to potential consumers. Having a registered mark also can be conducive to selling your company at a higher price than if the mark is not registered, due to the increased protection being offered to potential buyers. Finally, having a mark specifically registered to your company allows you to jump into branding with both feet, without concern of being forced to stop down the road if another company comes forward claiming to be the rightful owner of that mark. With increased branding, your business can be more easily identified by customers, resulting in quicker recognition and increased sales.
Prevent Import Infringements
Once you have an application accepted by the Principal Registrar’s office, you have a solid argument with which to fight the importing of foreign goods that may be infringing upon your trademarked company. You can file a federal registration with the U.S. Customs Department, allowing the process to occur at the onset instead of constantly having to police the ever-changing influx of goods being brought into the United States.
International Registration
If you are looking to register your product or service internationally, it is important that you first secure a U.S. registration. A federally registered trademark allows you a strong base on which to build when filing in foreign countries and will streamline the process immensely.
Federal Court
You can take an unregistered mark to court, but if it is registered, you can automatically have it heard on the federal level. This means you can bring your case across state lines in an easier manner and the judges hearing the cases are federal instead of state judges, meaning they are often more seasoned in the specialty areas of law over which they are residing. While you may still be able to take your claim to a federal court in certain instances, having a mark registered federally beforehand simplifies the process immeasurably.
By registering your mark, you can go full speed ahead with your company without constantly worrying that you will have to prove yourself at a later date. After all, losing an infringement case can result in a loss of all the branding efforts you have put in and can result in starting over down the road. Protect your company and your peace of mind by registering your mark at the onset of your endeavor.
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.