BKIP Limited

COPYRIGHT BKIP 2019
Why should I register my trademark? Jan 2019
Trademarks are a recognizable sign, design or expression that identifies your product or services. They play a big role in representing your company which is why it is important to register your mark. There are many reasons for registration as we will now see.
It is true that registration is not mandatory but unregistered trademarks have some legal protection not all. For unregistered trademarks there is a higher burden of proof if someone has infringed your work. You can also easily be sued because it is likely that you can accidentally infringe someone else’s trademark. Federally registering your trademark has a higher protection for you.
Registering your trade mark allows you to identify your brand and allows customers to recognize your products or services. If your trademark is successful and has a good reputation, customers are unlikely to look elsewhere and choose your brand. It can also avoid confusion from others marks.
Once you have registered your trademark, you have exclusive rights which means that you have ownership of your trademark in all 50 states. You can also sue in all 50 states in the event of infringement. Exclusive rights will also prevent other companies and businesses from using your trademark. US registration can be used as a basis to obtain registration in foreign countries. The United States Customs Service protects the US economy by preventing the importation of illegal goods. For trademarks this federal agency can prevent the importation of infringing foreign goods.
A claim for trademark infringement can easily be made with a registered trademark. When registered you have “actual notice” of your trademark before it was infringed. This is helpful to your case because it shows that you are the owner of the mark and the other confusing mark is actually infringement. With a successful trade mark infringement case you can collect triple damages and attorney fees and recover loss of profits accumulated from the selling of the brand by the infringer.
When you have registered your trademark with the USPTO, they put others on “constructive notice.” This means that the owner has ownership of the mark and if someone tries to use that owning mark or in a confusingly similar manner, they can easily sue for infringement because they are registered owners. In the event this happens, there is an easy solution. A cease and desist letter which has reference of your registration and can be shown to the offender to stop them from using your mark.
After five years of consecutive use of your trade mark you can apply for “incontestability status”. This means your mark cannot be challenged by another (for example being descriptive or for distinctiveness). It can only be challenged by another if your trademark has over the period of five years become generic, abandoned or was obtained by fraud. The ‘incontestability status’ expands your trademark rights by making it more difficult to challenge. This gives your trademark further protection. This can be useful when a case for a lawsuit infringement arises. Incontestability will work in your favor. A declaration of incontestability is filed with the USPTO.
Your trademark can bring value to your business. For instance, a trademark can be sold to investors and potential buyers increasing your sale price. If you license your trademark to a third party, this can extend your business. If you franchise your trademark, it can be part of a network of franchises increasing your business value.
As we have discussed, reasons for registering your trademark are extensive. They offer benefits and protections that will favor you now and in the future. It is a strong recommendation to register your mark.