Today Trademark registration should be a vary important matter for businesses around the world, we are living in a world where just in the U.S. a person finds himself among with 3,500 different Trademarks on a daily basis. If there is such a contact with Trademarks, the owners of them all should be very eager to protecting them; it should be a crucial matter. This could mean an advantage over the competition. Even though Trademark registration is not obliged, federal registration has several advantages, including notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration, this sole reason should be enough since often Trademarks or Logos can be the most valuable asset a person or a company owns.
Registration reduces the chance that somebody else dilutes your Trademark’s name o fame, by using a similar name or logo. Since Trademark registration gives official notice that such Trademark is already taken a company that later starts using that same Trademark or other similar in a degree where your clients could be confused whether is the same person or not, can not claim ignorance of the mark. A registration increases the likelihood of the successful filing of a dispute resolution policy for an infringing Internet domain name.
Specifically In the U.S. you can have Federal or Common Law registration or protection, while common law protection is just a basic protection that arises from actual Use, Federal protection comes from filling for registration at the USPTO. Extra benefits are granted to Federal registered Trademarks, such as:
1. Constructive notice nationwide of the trademark owner's claim.
2. Evidence of ownership of the trademark.
3. Jurisdiction of federal courts may be invoked.
4. Registration can be used as a basis for obtaining registration in foreign countries.
5. Registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods.
6. Registration grants the trademark owner the right to recover up to triple damages and attorney's fees from an infringer.
This same benefits are granted pretty much all around the world, as you can see it is important that you take advantage of this and file for registration before someone else, probably your competition, does it. Trying to claim Trademark priority over somebody’s registered Trademark will me time consuming and way more expensive that registering from the start.
Lic. Daniel Villanueva Plasencia
