Trademark

Question

Why we need to register the trademark?

or

Answers: 3 public & 0 private

Cc0b7b8049
Lawyer

Technically speaking, you do not need to register a trademark. You can get common law trademark protection simply by using your mark in commerce. You still get the protection against someone setting up shop next door to your business, selling the same thing, calling themselves by the same name. If it comes down to defending yourself against someone else who does register a mark and tries to get you to stop using your name then you should (assuming you have factual evidence to back up your claim) be able to prove that you started using your mark before the other party, in which case you can carry on using your mark in the locations where you are already using it. But they will have presumptive rights everywhere else, preventing you from expanding beyond the immediate vicinity.

Why should you register your trademark? Rather than list all of the benefits of federal registration here are just a few. Federal registration gives you nationwide constructive use, which means that even if you only do business in New England you will have the exclusive rights to use your mark everywhere in the United States for the good or services your provide. Registering your trademark creates a legal presumption that you are entitled to use the mark. That means that anyone who wants to challenge your rights to the mark has the burden of proving that you were not, rather than you having to prove that you were. Registration establishes a priority date. That means that if a dispute arises between you and someone else using the same mark, or a confusingly similar mark, you will have a legally fixed date for the beginning of your trademark.

Protecting your marks with federal registration allows you to invest in building your brand. It is designed to protect your reputation by giving you greater protections than you would have under common law or state law. Registration fees charged by the USPTO are fairly minimal as business expenses go.

Whether you decide to register your mark with the USPTO or rely on your common law rights is entirely up to you. You don't need to register, but, in most cases, if you can you probably should.

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