Benefits of Trademark Registration
A trademark can provide a business a powerful right, the exclusive right to use a brand name and to prevent consumer confusion throughout the United States and even internationally. With a trademark registration, you will have the sole right to use the brand throughout the United States and to prevent others from using the same or similar brand. Registration also provides you the right to use the federal registration symbol, allows your brand to be listed on the federal trademark database which may prevent another competitor from choosing a confusingly similar brand and may also provide you certain presumptions in the event you have to enforce your trademarks. These rights can last forever if you maintain your trademark. To maintain your trademark, you must renew it every so often.
Trademarks are highly valuable assets. According to a survey of the most valuable global brands trademarks can account for one-third of a company’s wealth. By way of example, one of the world’s most valuable brands was estimated to be worth more than $180 billion. Protecting and registering trademark is not merely a “cost of doing business,” but can be an investment in the company, its customer goodwill, and cam lead to greater customer satisfaction, higher sales and greater overall wealth for the company. A trademark can be almost anything–a word, logo, sound, shape, color, scent, taste or any combination of these–something which distinguishes the goods or services of one company from those of another.
Because trademarks can last forever, the Trademark Office requires renewal of your trademark to demonstrate that the trademark is still in use. A trademark which is no longer in use, will be surrendered and can be used by a company. Maintaining your company’s trademark is pretty easy. Primarily, you have to continue to use the brand. In addition, you need to renew the registration every so often providing proof of the continued use of the brand. If you have a state trademark, this renewal timing will vary. With a federal registration, you have to renew it during the fifth year of registration and every ten years. In addition, you will need to submit proof of continued use of the trademark and payment of various fees. However, these fees are typically less than it would cost to file a new application.
If you have a trademark which you would like to register for protection or renew, please contact one of our trademark attorneys.