Why a Trademark Is Necessary

Federal Registration 
Marks can become powerful symbols of products and services in the marketplace that help businesses create branding strategies that establish consumer loyalty, deter competition, and make money for the owner of the mark. Whether you are implementing a marketing plan or working to develop one, the success of that plan may ultimately depend on the steps you take now to research and federally register your marks.

Specific benefits of having a federally registered trademark include: constructive notice nationwide of the trademark owner's claim; evidence of ownership of the trademark; the jurisdiction of federal courts may be invoked for infringement disputes; registration can be used as a basis for obtaining registration in foreign countries; and registration may be filed with the U.S. Customs Service to prevent importation of infringing foreign goods.

Federal registration will protect your business goodwill in your marks and enable you to maintain an exclusive position in the marketplace for your product or service. You can obtain nationwide priority with your marks and block others from registering confusingly similar ones. You can establish national rights by using and seeking to register a mark, or you can reserve it nationwide by filing a federal application stating that you intend to use the mark.

The Most Obvious Mistake
The single most obvious mistake we have seen over the years is when a mark is selected, adopted, used, and promoted without the benefit of a professional search, resulting in either the receipt of a cease-and-desist letter or notice of an infringement lawsuit filed in court. If it turns out that someone else has rights in your mark, your investment of time and money, as well as the goodwill associated with your mark, can be totally lost. You could be held liable for monetary damages, loss of sales, and legal fees. 

Clearly, it is better to check out a mark prior to adoption and use, and avoid the risk that you will lose potential trademark rights. To request a trademark search for a U.S. or International word or design mark (logo) please contact us by phone or email.

To receive information on trademarks please contact us by phone or email ip@nathlaw.com.