You should register a trademark because it is the highest level of protection you can get for a trademark. Registration has benefits that reduce the costs of enforcing your trademark rights and enhances those rights, which can save you money over time.
By Michael Kondoudis, Small Business Trademark Attorney
Registering a trademark is REALLY important if you want to protect it. If you are not 100% sure about registering your trademark and want to know the answer to the question “why register a trademark?” here it is:
Registration is the ultimate protection for any trademark.
For example, when you register a trademark, you prevent any competitor from trademarking it and taking it from you. Also, trademark registration is official confirmation from the US Government that you own your trademark that ensures that you will never be forced to rebrand. It is a cost-effective way to protect your brand.
Let’s jump in!
CONTENTS
1. About Registered Trademarks
What is a Registered Trademark?
A Federal trademark is an enhanced trademark that has been certified by the U.S. government. It’s an enhanced trademark because it comes with exclusivity and nationwide legal rights preventing anyone else from registering anything similar for your industry.
How Do You Get a Registered Trademark?
You get a registered trademark by filing an application with the United States Patent and Trademark Office (or “USPTO”), the Federal agency that registers trademarks.
2. Registering Trademarks
Do You Have to Register a Trademark?
No, you do not have to register a trademark. There is no legal requirement to register your trademark. But there are many advantages to registering a trademark and many risks if you do not register it. Also, the cost of registering a trademark is far less than the losses you might incur if you do not register. So, while you do not have to register a trademark, registering is a good idea.
What Happens If You Don’t Register a Trademark?
Not registering a trademark comes with legal and financial risks.
A competitor can register your trademark for their business and take it from you. You will be forced to rebrand.
You will have limited trademark rights at best. They will be limited to only the geographic areas in which you use your mark, and you may not be able to stop a concurrent user.
You will not be entitled to the enhanced damages that owners of registered trademarks can get.
A competitor can earn superior rights in your mark and charge you with infringement.
Do you need help with your trademark?
Why Register a Trademark?
You should register a trademark because it is the highest level of protection you can get for a trademark, confirms your LEGAL ownership of it, and increases its value. Plus, registering your trademark strengthens the legal protection of your mark, which makes enforcing your rights easier and less expensive. Registered trademarks enjoy significantly greater rights and protections than unregistered marks.
You should register a trademark because it makes it easier and less expensive to stop copycats and imitators. Also, trademark registration will prevent competitors from registering your mark and take it from you. Additionally, registering your trademark is a good idea to ensure that you do not infringe on anyone else’s trademark
Remember: The U.S. Patent and Trademark Office is not an enforcement agency. You are responsible for protecting your trademark rights. By registering your trademark, you can significantly reduce the costs of enforcement.
3. Benefits of Trademark Registration
Top Seven Benefits of Trademark Registration
These are the top benefits that come with trademark registration:
Trademark registration is confirmation of your legal ownership of your mark.
Trademark registration is the best protection from trademark infringement by competitors.
Trademark registration prevents a competitor from registering your mark or anything similar.
Trademark registration ensures that your trademark does not infringe anyone else’s marks.
Trademark registration makes your mark more valuable as a business asset.
Trademark registration puts others on notice of your rights in your mark.
Trademark registration enhances the value of a company’s brand.
Top Ten Reasons to Register a Trademark
Here are the top ten reasons to register a trademark:
Legal Ownership
Protection from Infringement
Prevent Competitors from Registering Your Mark
Easier and Less Expensive Enforcement
Verification that Your Trademark Does Not Infringe
Exclusive National Rights
Right to Use the ® Trademark Symbol
Addition to the USPTO Trademark Database
Better Online Protections & Access to Amazon Brand Registry
It Will Protect Your Investment In Your Brand
1. Legal Ownership
Trademark registration is official confirmation from the Federal government that you legally own your trademark. You become 100% in charge of how your trademark is used and by whom. When you register a trademark, you legally own it.
2. Protection from Infringement
You should register a trademark because it will protect you from infringement. A trademark registration will help keep anyone related to your industry from using your trademark. This ensures that your trademark remains distinctive.
3. No Else Can Register Your Mark
You should register a trademark because it will prevent anyone in your industry from trademarking it (or anything similar). If someone else registers your trademark, they will own it, and you will need to rebrand.
4. Easier and Less Expensive Enforcement
You should register a trademark because it will lower the costs to protect and enforce your trademark rights. Trademark registration comes with important legal presumptions that make protecting your trademark easier and less expensive, such as the legal presumptions that you own your trademark and have the national right to use it. Plus, you will be able to sue infringers for triple (3x) damages and attorney fees!
5. Verification that Your Mark Does Not Infringe
During the registration process, a U.S. Patent and Trademark Office investigates whether a trademark is likely to infringe any other trademarks, and it rejects trademarks that do. So, when you register your trademark, you get the peace of mind that you do not infringe anyone else’s trademarks.
6. Exclusive National Rights
A Federal trademark comes with the immediate, exclusive, and nationwide right to use your mark in your industry with the backing of Federal courts to protect it. Only one business can use a trademark in an industry, and it is usually the one that registers it first.
7. Use the ® Symbol
Only owners who register their trademarks can legally use the ® symbol, an attention grabber that tells the world that conveys credibility, stability, and professionalism. So, trademark registration will boost your new business in the marketplace.
8. Addition to the USPTO Trademark Database
Trademark registration adds your trademark to the U.S. Patent and Trademark Office database of registered and pending trademarks. Your trademark will appear in trademark searches and can scare off anyone thinking of using your trademark.
9. Better Online Protection & Access to Amazon Brand Registry
Trademark registration makes it easier to protect your mark online. Amazon’s brand registry requires a trademark registration and makes proving ownership to Facebook, Tik Tok, and Instagram a mere formality. Plus, trademark registration provides for enhanced protection against cybersquatters.
10. It Will Protect Your Investment
Trademark registration will protect profits and your investment in your brand. If someone else starts selling products with your mark, they could divert sales and damage your business. Plus, with a registered trademark, you can invest in marketing with confidence that you will receive the full benefit of your efforts.
4. Frequently Asked Questions
1. When Should I Register a Trademark?
As soon as possible, according to most authorities. The trademarking process typically takes more than a year, so starting early is essential. Most business owners begin the process of registering trademarks as soon as they are formed and long before they take a product to market. Also, it is costly to have to rebrand if you accidentally infringe someone else’s registered trademark.
2. Do Trademarks Need to be Registered?
Yes, you need to register your trademark. Registration is optional, but there are many advantages to registering a trademark and many risks if you do not register it. Also, the cost of registering a trademark is far less than the losses you might incur if you do not register. So, while you do not have to register a trademark, registering is a good idea.
3. How Long Does a Federal Registration Last?
Your trademark registration can last forever, so long as you continue to use your trademark in commerce and provide us with evidence that you’re still using it. Specifically, you need to file maintenance documents with fees at prescribed, periodic intervals. For example, you must file a maintenance document after your trademark has been registered for five years. You can read more about the requirements for trademarks here.
TAKE THE NEXT STEP
Ready to LEGALLY own your trademark?
We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your trademark, we invite you to book a FREE brand protection strategy session with us here.
For more than twenty years, Michael Kondoudis has been the go-to trademarking expert for businesses of all shapes and sizes. Michael is a USPTO-licensed trademark and patent attorney, educator, speaker, and author of the Amazon best-seller: Going From Business Owner to Brand Owner. He is also an authority trusted by national news media on major trademark stories.
Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).
