Trademark
is a sign that help distinguish the goods or services of one enterprise from
those of others. Together with industrial design and patent, trademark of goods
and services plays an extremely important role for the growth of the
enterprise. Trademark establishes a link between enterprise and customer. A
strong trademark will attract customers to use goods or services. When
trademark is popular and economic benefits achieved through sale of goods or
provision of services coupled with trademark is large, the violation of
trademark is inevitable.
Having
the registration gives you a few more rights against an infringer than you
would otherwise have. And, you are likely to get more money if you win an
infringement suit in federal court if you are registered. Plus, if you are
registered you are not limited in where you can sue for the infringement. (see
the article for an in depth explanation of this)
Having
the registration puts everyone in the US on notice that you own the mark and
they cannot use it without repercussions. While you still have protections
through the common law if you are the first to use the mark, you cannot
guarantee that every person starting a business will know you exist and are
using that mark. If it is registered, it will be found on the USPTO website and
they’ll know its in use.
Having a
registration makes your brand/company more valuable. Have you heard of
licensing products or brand names for products? You likely won’t get any type
of licensing deal with anyone if your mark is not registered and protected at
the maximum level.
Those are
just a few reasons why registration is so beneficial. Do I suggest anyone and
everyone get a TM registration? No. It will depend on the type of company you
are running, where you are, and some other factors. But, generally I think it
is a great idea to register your mark at
some point in your businesses life
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