Trademark

弁護士

Perhaps the easiest answer to this question is that if you don't register it, someone else could! Not to be flippant, but that in itself is a good inducement to register your mark. Registering is not a particularly expensive process, and it makes protecting your mark much easier.

By your question, you seem to imply -- and quite rightly so -- that just by using a mark in conducting your business, you already have certain rights to that mark. That's quite true. You automatically have common law rights that accrue.

But registering your mark gives you more rights in federal law, and more leverage to go after infringers, if someone tries to use your mark or a confusingly similar mark.

Specifically:

(1) By registering, you are putting the public on notice that you are using a certain mark. So if someone is thinking about using a mark similar to yours, and they conduct a due diligence process prior to using the mark, they are likely to find your mark on file at the United States Patent and Trademark Office. This will likely dissuade them from using the mark. But even if it doesn't ...

(2) Registering your mark gives you access to federal courts in the United States, which is the appropriate venue to bring an infringement action.

(3) Also, if your mark is registered, you are more likely to obtain enhanced penalties against any infringers who use your mark, including treble damages and attorney’s fees.