The following is an edited transcript of my book video Building a Bold Brand Chapter 6: Why Apply to Register
Trademark registration with the USPTO has tremendous value. The basic government filing fee is as low as $250 (as of this publication), and the resulting trademark registration provides a myriad of benefits to its owner, such as:
- Use of the ® symbol, which helps ward off potential infringers by demonstrating to the public that the brand is taken seriously and has the USPTO’s legal protections behind it.
- Appearing in the USPTO’s online database. Most companies and trademark lawyers are going to look when seeking to clear possible new names, thus just appearing in that database reduces the risk that a competitor will try to adopt a similar name. That protection works 24 hours/day, 7 days/week, 365 days/year.
- A trademark registration is a tangible asset that can be assigned, licensed, or used as collateral in the sale of a business. A trademark can even be assigned a dollar value.
- Trademark owners can sometimes use a US application or registration as the basis for trademark rights in another country, giving the owner enhanced options for filing international protection.
- Owners of registered trademarks can also record them with US Customs for a small fee, and Customs and Border Patrol will then monitor shipments at our ports and borders. That only applies if there’s a good or product involved, but it’s still a valuable tool.
- Owners of registered trademarks can sue in US District Court, which generally provides more opportunities to obtain an injunction and to collect damages and attorney’s fees.
- If someone infringes the trademark, a cease and desist letter featuring a registered trademark is much stronger and more likely to lead to a quick and cheaper resolution of that situation with positive results.
- Reduces the probability of being accused of infringement because it demonstrates that a brand owner has taken proactive steps to protect the trademark, and it means that the USPTO at the time it examined it did not find any confusingly similar trademarks.
The cumulative effect of all of these benefits is a powerful warning to others to avoid using infringing marks and gives the trademark owner tremendous peace of mind, which is priceless.
For more about trademark registration, see https://www.erikpelton.com/services/trademark-registration/
