In the event a trademark owner enforces its rights in court, these presumptions can save the owner a significant amount of money in avoiding the expense of litigating these points. In other words, the registrant will prevail in court on these points, which cannot be rebutted by contrary evidence. For example, an incontestable mark may not be challenged on grounds it is merely descriptive of the goods or services offered for sale thereunder.
The benefit of an incontestable mark can save significant litigation expenses in the event a trademark owner is forced to file an infringement lawsuit. Not only does incontestability help with expenses in court, but it also provides a strong deterrent to those considering adopting a similar mark or those desiring to continue using a similar mark after receipt of a cease-and-desist letter. The owner of an incontestable mark is often able to convince an accused infringer to back down before a lawsuit is even necessary.
Unlike the United States Copyright Office, which will issue copyright registrations as a matter of course, the USPTO evaluates trademark applications for similarity with other marks.
The USPTO will refuse registration if it determines a trademark applicant seeks to register a mark that is confusingly similar to another registered mark. This provides an additional layer of protection for owners of registered trademarks. This symbol notifies the public that the mark is registered with the USPTO and that its owner enjoys all the accompanying benefits of registration.
The symbol can give the mark greater credibility and notify would-be infringers that the owner takes its intellectual property rights seriously. This can generate a greater deterrent to infringing conduct. When a trademark is registered, the trademark owner becomes eligible for enhanced damages against counterfeiters.
The Lanham Act provides for statutory damages against counterfeiters as well as treble damages and attorney fees for willful counterfeiting.
Moreover, registration further deters counterfeiters by providing for recovery of treble damages and attorney fees where the counterfeit sales are deemed willful. For a successful challenge of a domain name under the UDRP, the claimant must prove it has rights in the claimed trademark and that the domain registrant obtained the domain in bad faith.
Without a registered trademark, it is extremely difficult, if not impossible, to prove rights in the mark and bad-faith registration of the domain.
The database provides information about trademarks to domain registries and registrars. It allows a trademark owner to apply for its mark in connection with a new generic top level domain gTLD. Through the Trademark Clearinghouse, the owner of a trademark registration can also opt to receive notice if someone tries to obtain a domain name containing the mark with a new gTLD. The owner of a registered trademark for physical goods may apply to record its mark with U. By registering your trademark you are effectively building a barrier to entry around your brand, making it harder for other businesses to imitate you.
There are two key considerations. Firstly, that your business is appropriately protected in the countries it operates or intends to operate in, and secondly, that your business is protected in all of the classes of service or products it provides.
To begin the registration of your business, click here. Choose UK or Europe UK Europe. Choose No. We search more than one database for potentially competing trademarks.
A mere cease and desist letter which references registration of your mark can be a powerful incentive to stop the offender from using your mark. This is important to prevent others from diluting or outright stealing your brand. Furthermore, registration may also help you prevent others from using an Internet domain name that could be confused with yours. Five years after registration, you can apply to have your mark declared uncontestable. This means your exclusive use of the mark is conclusively established in court.
Secondly, and most importantly, trademark registration may allow you to collect triple damages and attorney fees if you prevail. It is also worth noting that if your mark is registered, it will automatically be subject to federal jurisdiction and you will be able to bring your claim in federal court, as opposed to state court, which offers many advantages, including ease of discovery across state lines and experienced, federal judges on the bench.
Although under appropriate circumstances it is possible to bring an infringement claim in federal court even for a mark that is not federally registered, federal registration is the simplest and easiest way to obtain federal jurisdiction on a trademark claim.
When used to identify a service e. Other features of your products or services may also be protected in addition to the mark, including product color or packaging. These attributes are called trade dress and can also be registered, but if the features are merely functional in nature, they will not be protected.
For example, you would not be permitted to register a bottle shape that made it easier to grip the bottle. It is a good idea to register your trademark to protect yourself against an infringement suit, to add value to your company, to put your competitors and the public on notice of your rights in your own brand and to strengthen the legal protection of your mark.
The investment to register a mark is minimal compared to the potential cost of not registering, and compared to the potential benefits registration will bring to your business.
LegalZoom offers a wealth of services that can help you protect your business' trademark including trademark registration, search and monitoring. Call us. We can help. Contact me for a free initial consultation. These pages provide guidance on filing a federal trademark application with the United States Patent and Trademark office. The trademark filing overview page gives a general summary of the guidance available in this section.
What will it cost? When should you file? Is your invention valuable? Should you search? Should you file a provisional? What is a section ? Do you need an attorney? How do you identify goods? A Video Explanation from the U. Trademark Office. Guidance on Trademark Applications These pages provide guidance on filing a federal trademark application with the United States Patent and Trademark office.
Why should you federally register your trademark? What is a trademark and when do you have one?
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