There are a variety of different potential benefits of a trademark to be familiar with when considering whether or not to get one. Trademarks are brand names or designs which are used in connection with products or services to help identify them.
Benefits of registering a trademark
There are several different benefits of a trademark and registering one including:
- Constructive notice nationally of the trademark owner’s claim;
- Evidence of ownership of the trademark;
- Jurisdiction of federal courts may be invoked if needed;
- Registration once filed can be used as a basis for obtaining registration in foreign countries; and
- Registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods.
Common law trademarks
Common law trademarks are possible without registration but registration has several important benefits to be familiar with. Some of the advantages of registering a trademark can include notice of the claim owner’s claim of ownership of the mark; the legal presumption of the claim owner’s ownership of the mark nationwide; and the exclusive right to use the mark in connection with goods or services outlined in the registration.
Understanding the registration process
A trademark can be understood as a brand name and actual use of the brand name can create common law rights of ownership to the trademark. The owner of the trademark can file to register the trademark and enjoy the benefits of registering the trademark. Trademark protections can be an important component of any business providing goods and services which is why it is important to understand what a trademark is and what they do. It is worth it to know the benefits of a trademark and trademark registration and to be familiar with the process.