The Benefits of Federal Trademark Registration in the United States
Securing the right to use and protect your trademark through federal registration is essential to the success of your business. Welsh IP Law represents clients in all aspects of this process, including trademark clearance, trademark procurement, portfolio management, and trademark enforcement. This article reviews the benefits of trademark registration.
Trademark Registration Provides The Following Benefits:
- A US trademark registration gives the owner the rightto use the registered trademark symbol ® with the mark.
- Registration prevents junior users from registering the same or similar marks for the same type of goods or services.
- Registration serves as the basis for an international trademark application.
- Registration grants a statutory presumption that (a) the mark is valid, (b) the registrant is the owner of the mark, and (c) the registrant has the exclusive right to use the registered mark.
- Registration is proof that the mark has acquired secondary meaning i.e., is distinctive.
- Registration serves as constructive notice of a claim of ownership, eliminating any justification or defense of good faith adoption and use made by a third party after the registration date.
- Registration provides nationwide priority based on the filing date.
- The registration becomes incontestable after five years, creating conclusive evidence of the registrant’s exclusive right to use the mark.
- Registration allows the owner to enforce its trademark against infringers using take-down mechanisms available on e-commerce and social sites such as Amazon and Instagram.
- Registration provides the right to file a trademark infringement lawsuit in federal court and to seek monetary remedies, including infringer’s profits, damages, costs, and, in some cases, treble damages and attorneys’ fees.
The Trademark Registration Process
You can file a trademark application based on actual use of the trademark or based on an intent to use the trademark. Welsh IP Law can help you prepare a trademark strategy and prepare your application for review and filing with the US Trademark Office. The application will include a description of goods and/or services.
The Trademark Office will review the application in about nine months and either approve the application or issue an office action objecting to the application. Counsel will prepare and file a response traversing any objection. After the Office approves the application, it will publish the application for a period of thirty days to allow third parties to lodge any opposition. Assuming no such opposition is made, the Office will issue the registration. The entire process takes between 12 and 18 months.
About the Author: Walter Welsh practices patent and trademark law at his firm Welsh IP Law, an intellectual property firm based in Darien, Connecticut. Welsh IP Law works directly with engineers, scientists, and executives to develop and grow intellectual property portfolios that protect and strengthen the business position. Its clients include Fortune 500 companies, global brands, family businesses, and start-ups.
Welsh IP Law is an intellectual property law firm based in Fairfield County, Connecticut. Our passion is increasing the value of our client’s business through strategic patent and trademark protection. We work directly with engineers, scientists, and executives to develop and grow intellectual property portfolios that protect and strengthen the client’s business. Our clients include Fortune 500 companies, global brands, family businesses, and start-ups from around the world.