It is almost impossible to find a person who cannot recognize global trademarks, regardless of native language or culture.
A good trademark is not necessarily a word. Instead, it can be a highly recognizable design, such as the Nike symbol, for instance. Plus, trademarks are valuable assets, whose value can increase over time based on the business’s reputation.
In this article, you will discover what the advantages of trademark registration are.
Trademark Registration in Florida
A trademark refers to a recognizable insignia, phrase, word, or symbol that denotes a specific good/service and legally distinguishes it from all other businesses of its type.
Business owners in Florida can register a trademark in two different manners:
- at the state level only through the Florida Department of State, or
- at the federal level through the United States Patent and Trademark Office (USPTO).
It is crucial to proceed with a trademark search before its adoption. This type of good practice helps prevent conflicts with other companies.
Benefits of Trademark Registration
Protect Your Trademark Against Confusingly Similar Marks
The Trademark Office has to cite prior registrations against applications for confusingly similar marks. Plus, the Trademark Office must refuse to register such marks, which helps to prevent trademark infringement.
The process of analysis and refusal is done at no additional cost for businesses, which is certainly an extra advantage.
Your Trademark is Treated as If Used Nationwide As of the Application Date
It is an essential advantage for businesses, especially considering the current system of trademark registration, in which first use wins.
This advantage protects businesses from having their trademarks:
- limited to the geographic area of use, and
- limited to the reputation of the mark.
Such limitations would allow other companies/individuals to use the same trademark in other geographic areas, which would lead to confusion among the public.
Trademark Registration Provides Nationwide Notice of Ownership as of the Registration Date
At the moment a trademark is officially registered, the responsible trademark office provides a nationwide notice of ownership of the trademark as of the registration date.
This type of approach is crucial to prevent unauthorized third-party from claiming that subsequent adoption of the mark was in “good faith.”
Trademark Registration Done At USPTO Grants the Right to Sue in Federal Court
Entrepreneurs can register their trademarks both at the state and federal level. The process can be done at the federal level through the United States Patent and Trademark Office (USPTO).
A crucial advantage associated with any trademark registration done at the federal level is that it grants the mark owner the right to sue in federal court. Besides, on some occasions, the plaintiff can obtain damages and attorney fees, which means potential monetary recovery in specific cases.
US Customs and Border Protection
Some countries are famous for allowing industries to produce all types of goods that incur trademark infringement or counterfeiting.
Registering a trademark will empower services provided by the US Customs and Border Protection to:
- block imports that incur trademark infringement, and
- block imports that are counterfeits.
The latter is made possible when the registration is separately designated with Customs, which offers an extra layer of prevention against infringement at no additional cost.
Trademark Registration Facilitates the Process of International Expansion
In the United States, many companies manage to overcome adversity and thrive, which leads to expansion and economic growth.
Registering a trademark can provide a solid foundation for foreign registration, which facilitates the protection of US native trademarks abroad.
Right to Statutory Damages
Undeniably, registering a trademark offers plenty of advantages in case of disputes in the court. Official trademark ownership would entitle the owner of a mark to certain statutory damages in cases involving counterfeiting.
In such cases, trademark owners would be relieved from the burden of demonstrating actual damages to receive monetary compensation.
Trademark Registration Grants the Right to Use the ® Symbol
The registered trademark symbol “®” provides notice that the preceding word or symbol is a trademark or service mark that has been registered with a national trademark office.
The ® symbol can be used when the trademark is used for the goods/services listed in the registration. Some may think it is not a huge advantage, but they could not be more wrong.
A registered trademark symbol can give more marketing cachet to goods/services provided by a company. Plus, the competition will not be willing to infringe trademark rights, as they would know what legal implications it could have.
Trademark Registration Discourages Unauthorized Usage
Another good advantage is that competitors would notice an official trademark and avoid using confusingly similar marks to avoid infringement lawsuits.
Registering a trademark would make it easy to find in a trademark availability search, which would prevent unpleasant disputes and other issues before it even begins.
We Can Help You with Trademark Registration
Registering a trademark at the state and federal level is a demanding and time-consuming process.
Waste no time with uncertainty. Get in touch with Attorney Romy B. Jurado from Jurado & Farshchian, P.L. today at (305) 921-0440 or sending an email at Romy@jflawfirm.com, so we can get to work immediately.