Why Register Your Trademark

A trademark is a symbol, word, or phrase that identifies and distinguishes the source of goods or services from those of others. Trademarks are valuable assets for businesses, as they help consumers recognize and identify a company's products or services in the marketplace. Registering a trademark provides businesses with exclusive rights to use the mark in connection with the goods or services identified in the registration, and can offer several other advantages as well.

Registration

One of the primary reasons to register a trademark is to obtain registration with the IPO. Registration provides several advantages over common law rights, which arise from use of a mark in commerce without registration. For example, registration creates a legal presumption of ownership and validity of the mark, and provides notice to others that the mark is claimed as a trademark. Registration also provides a basis for bringing a lawsuit in court for trademark infringement.

Priority

Another advantage of registration is that it establishes priority of use, which is important in determining who has the right to use a mark. The first party to use a mark in commerce generally has priority over subsequent users, but this can be difficult to prove without documentation. Registration serves as prima facie evidence of priority, and can help prevent disputes over ownership and use of a mark.

Brand Protection

Registering a trademark also helps protect a company's brand identity by preventing others from using confusingly similar marks in connection with similar goods or services. The IPO examines trademark applications to ensure that they do not conflict with existing registrations or applications. If a conflicting mark is identified, the IPO may refuse registration or require the applicant to amend the application to avoid the conflict. This can help prevent consumer confusion and protect a company's brand reputation.

Licensing and Assignment

Registered trademarks can also be licensed or assigned to others, allowing businesses to generate revenue from their intellectual property. A trademark license allows another party to use the mark in connection with specific goods or services, while a trademark assignment transfers ownership of the mark to another party. Registering a trademark can make licensing and assignment easier, as it provides evidence of ownership and validity of the mark.

Enforcement

Finally, registering a trademark can make it easier to enforce against infringement. Trademark owners can bring a lawsuit for trademark infringement in federal court, and may be entitled to damages, injunctive relief, and other remedies. However, to bring a lawsuit for infringement, the mark must be registered or in use in commerce. Registering a trademark also provides a basis for seeking enforcement through customs and border protection, which can help prevent counterfeit goods from entering the country.