According to the United States Patent and Trademark Office “A trademark is generally a word, phrase, symbol, or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of other.” Although finding a non-infringing trademark can be a challenge, nevertheless the many advantages of a federal trademark registration are so great that every business should persevere until it finds a non-infringing trademark, and then register it.
Federal registration of your trademark confers upon you, as the owner of your trademark, a tremendously enhanced ability to stop others from adopting and using your trademark or anything confusingly similar to it from the filing date of the federal trademark application. This occurs because registration gives you what trademark law calls “nationwide constructive notice” of your exclusive trademark rights. This means that from the day that the USPTO issues your registration, any competing business which adopts a trademark identical or confusingly similar to yours on or after your filing date, whether it knew about your mark or not, can no longer acquire any common-law rights in the mark.
Here are more of the many advantages of federal trademark registration:
i. The USPTO’s internal examination, which will almost always find and invoke your registration against any such later application; and
ii. The power for you to timely file an opposition seeking to prevent registration of anybody’s else’s mark, when it is identical or confusingly similar to your mark; and to timely file a cancellation proceeding to cancel the registration of anybody’s else’s mark when it is identical or confusingly similar to your mark.
To evaluate your intellectual property and protect your investment in your brand, contact us today to pursue a federal trademark registration. Katelyn@hunterbusinesslaw.com will get you started.
This blog was written by Hunter Business Law.
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