Your brand is both your identity and an important part of your marketing strategy. Having a federally registered trademark increases your credibility in your market and, most importantly, enables you to prevent others from using your mark or a mark similar to yours in a manner that could harm your business. Here are some of the benefits that come with federal trademark registration:
- Federal registration provides evidence that you own your trademark. If you ever sue someone for trademark infringement, this fact will save you a great deal of time and legal fees.
- You will be able to file suit in federal court, rather than state court.
- Federally registered trademarks are protected throughout the United States, not just in one state.
- As an owner of a federally registered trademark, you are entitled to “treble damages,” meaning you may be able to recover three times your actual damages from the trademark infringer.
- You may also be able to recover any profits that the defendant earned while infringing your trademark as well as any attorneys fees you incur during litigation.
- Federal registration provides nationwide “constructive notice” to others that the registered trademark belongs to you. If your trademark is infringed, the infringer cannot defend his conduct by arguing he did not know about your trademark.
- After five years, federally registered trademarks become “incontestable,” meaning your exclusive right to use the trademark has been conclusively established, making it extremely difficult for another party to challenge your trademark.
- Registration in the United States can be used as a basis for registration in other countries.
- Your trademark rights can last indefinitely, as long as you comply with the necessary procedures for renewing your trademark.