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Four Reasons a Business Should Register a Brand Name as a Trademark

by | Oct 31, 2019 | Intellectual Property

Your brand name is valuable. A brand name that has been registered as a trademark is even more valuable. Here are a few reasons why.

A Certificate of Registration from the USPTO Provides Powerful Legal Protection

By registering your trademark, you will be able to seek legal recourse if:

  • Another company uses your brand name or something very similar
  • A counterfeiter imports and offers goods or services under your brand name or something very similar

It is important to note that a certificate of trademark registration from the USPTO can be obtained for more than just your brand name.  A certificate of trademark registration can protect a design/logo, taglines and symbols used to identify the source of goods and services. 

A Trademark Registration May Protect Your Business Against Cybersquatting

Cybersquatting is the practice of registering a website domain name related to an existing business and  hoping to resell the domain for a profit (sometimes considered a form of extortion)  

If you own a registered trademark and discover someone has registered a domain name using your registered trademark, you may be able to get the domain name transferred to your control.  You can use the Uniform Domain Name Dispute Resolution Policy that is used by the World Intellectual Property Organization (WIPO) to arbitrate thousands of domain name disputes in the world.  

Another option in the United States, is to file a lawsuit in federal court  under the Anticybersquatting Consumer Protection Act (ACPA) 15 U.S.C. §1125(d).  The Act establishes a cause of action for registering, trafficking in or using a domain name confusingly similar to, or dilutive of, a trademark or personal name.

Trademark Registrations Are Important If You Plan to Expand in the Future

A federal trademark registration protects your brand nationally, so if you want to expand your business into other regions, you can do so with legal protection.

Obtaining a trademark registration through the USPTO can also help you prepare to register your trademark in international markets.  The Madrid Protocol is an international system for obtaining trademark protection in up to 122 countries using a single application. The U.S. is a member of the Madrid System and the application can be filed through the USPTO.

Registered Trademarks Contribute Value to Your Company

Trademark registrations show potential investors or buyers that you are the legitimate owner of the brand name.   Maintaining an inventory of all registered trademarks owned by your company and maintaining the registrations lets potential investors and buyers know that you understand the value of your brands and helps increase the value of the company.

Ready to Register Your Brand Name as a Trademark?

If you need help with registering your trademarks, contact Marks Gray intellectual property lawyer Crystal Broughan to ensure you gain the legal protection you need.

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