Thứ Ba, 9 tháng 10, 2018

What is the point of getting a trademark?

BY An Viet Le IN , , , No comments

Trademark is a sign that help distinguish the goods or services of one enterprise from those of others. Together with industrial design and patent, trademark of goods and services plays an extremely important role for the growth of the enterprise. Trademark establishes a link between enterprise and customer.  A strong trademark will attract customers to use goods or services. When trademark is popular and economic benefits achieved through sale of goods or provision of services coupled with trademark is large, the violation of trademark is inevitable.


Having the registration gives you a few more rights against an infringer than you would otherwise have. And, you are likely to get more money if you win an infringement suit in federal court if you are registered. Plus, if you are registered you are not limited in where you can sue for the infringement. (see the article for an in depth explanation of this)

Having the registration puts everyone in the US on notice that you own the mark and they cannot use it without repercussions. While you still have protections through the common law if you are the first to use the mark, you cannot guarantee that every person starting a business will know you exist and are using that mark. If it is registered, it will be found on the USPTO website and they’ll know its in use.

Having a registration makes your brand/company more valuable. Have you heard of licensing products or brand names for products? You likely won’t get any type of licensing deal with anyone if your mark is not registered and protected at the maximum level.

Those are just a few reasons why registration is so beneficial. Do I suggest anyone and everyone get a TM registration? No. It will depend on the type of company you are running, where you are, and some other factors. But, generally I think it is a great idea to register your mark at some point in your businesses life


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