Companies may want to register their trademark with the USPTO in order to receive full mark protection.
People in Colorado and across the nation invest a considerable amount of time and money in choosing a trademark for their small or large company. In order to protect this investment in intellectual property, it may be best to federally register the trademark. Business owners that complete the registration process through the United States Patent and Trademark Office may find that they have additional benefits when it comes to guarding their trademark against infringement, as well as several other advantages.
What is federal registration?
Trademarks may consist of a logo, company name, song or group of words that help to distinguish a business from its competition. If a trademark is used properly, it can help consumers to identify a company and/or product, and increase business for the company through the use of the trademark. As soon as a mark is used to promote a company or a product, the business owner has certain protections under common law. However, there are some issues that may arise if the mark has not been federally registered.
Benefits of registration
According to the USPTO, there are several reasons why business owners may want to have their mark federally registered. One of the most common reasons is that companies that register a trademark receive exclusive rights to that mark. Registered trademarks are also listed in the federal database. Before another company can use a mark, it must ensure that the mark is not listed in the database. If another company does use a mark that is registered, the company that has exclusive rights to the mark may choose to pursue legal action. Companies that use unregistered marks cannot take the case to court.
In addition, federally registered trademarks receive protection from imported products if the company has also listed the mark with the United States Customs Office. Officials will monitor incoming products to make sure their marks will not be confused with any existing trademarks.
Business owners should keep in mind that they are also responsible for policing their trademarks. This means that if another company uses a similar trademark, it is the business owner's responsibility to bring action against the infringing company.
Obtaining legal assistance
There are people who can help you through the trademark registration process and police your trademark to ensure that no other companies are infringing on your rights. You may want to speak to a business attorney in Colorado who understands how this process works, as they may be able to help you and your situation.