U.S. trademark rights originate when a mark is used in commerce in association with specific goods and/or services. When considering adoption and use of a particular mark, a company should consider pursuing a federal registration for the mark to more fully protect and promote that brand name. Although trademark rights depend on use and not registration in the U.S., there are a number of substantive and evidentiary advantages to registration, such as the following:
There are also significant intangible benefits associated with federal registration of a trademark. For example, by obtaining a federal registration, a trademark owner may deter a second comer from adopting a similar mark. In so doing, the registration effectively serves to preserve and promote the value of the mark, and may also help the trademark owner to avoid expensive and time-consuming litigation.
Furthermore, the federal registration also adds a greater degree of credibility to the trademark owner’s use of the mark. Namely, the official government stamp of approval symbolized by a registration offers a greater impression of legitimacy to competitors, courts, and juries alike.
Please contact us if you have any questions or would like more information about the benefits of U.S. trademark registration.