We previously discussed the importance of trademarks in our article on Trademark Searches, identifying three important ways trademarks help businesses (protect, identify, distinguish). Each of the benefits of obtaining a registered trademark is important in its own way, but protection provides the foundation and backing strength necessary for the existence of the others. One way of obtaining trademark protection that is quite simple but carries risks, is to simply use the mark in connection with goods or services offered on the market. Once this is done, common law trademark rights immediately vest in the trademark or service mark being used. While this option exists and is used by many players in the market, common law trademarks rights are limited in ways that can easily be overcome through the registration of a trademark with the United States Patent and Trademark Office (USPTO).
A trademark application is the first step taken with the USPTO in registering a trademark statutorily. Some of the benefits of registration may include the legal presumption of the validity, ownership, and exclusive right of use of a mark, widespread public notice of use of the mark, insight regarding the strength of the mark and its register placement, the right of enforcement of your trademark rights, and much more.
At The Plus IP Firm, our attorneys have registered numerous trademarks and have garnered the reputation of being strong advocates for clients pursuing registration. We work with the client before, during, and after registration to make sure the process is smooth and that the client receives the greatest protection for their mark(s) possible. At the outset of the process we work with the clients to identify the strengths and weaknesses of the mark, the likelihood of confusion, and the likelihood of registration. Once the application has been filed, we work diligently to remedy any concerns an examiner at the USPTO has, thereby speeding up the process while maintaining the integrity of our client’s mark. Once a mark has been registered, we continue working with the client to help police unlawful usage of the mark and to maintain the registration for the life of the mark. Call us at 786-443-7720 or visit us on our website to set up a free consultation now.