The following is an edited transcript of my video, Why Apply to Register Your Trademark.
There are several key benefits to trademark registration. The registration provides so much value, it actually works for the owner 24/7 – what I mean by this is when you’re registered and in the USPTO’s database, anyone searching for possible conflicts for new names or ideas for trademarks could encounter the registration and who knows, it might dissuade them from using something. In fact, I’m certain that happens every single day to thousands of brands when people are coming up with names or clearing names and we never hear about them. Because the potential conflict was canceled before it ever even started because the other company changed their plans, went in a different direction.
Similarly, examiners search those USPTO records all the time to perform required searches for conflicts with pending applications. So, once it’s registered, the registration is literally working for the owner 24/7.
Having the registration also makes it easier to deal with any possible infringers. It makes for a more compelling cease and desist letter. It makes for a stronger case in court if a dispute goes to court. In short, it’s likely to save the trademark owner time and money and hassle if they have any infringement situation. Having a registration also allows the owner to use the “R” with a circle which is of value because it shows your customers – as well as employees and staff – that a business values the brand, that it took the steps and the cost to protect it and that it wants to show it off.
Finally, a registration is valuable because it becomes a tangible asset. A trademark registration can actually be assigned a value in the valuation of a business and it can actually be licensed or transferred or sold. And so, it becomes a real physical, tangible asset by becoming registered.
