Useful And Essential Facts About How To Register Trademark For Business

By Raymond Bailey


A trademark or a service mark refers to any name, device, symbol, word, or any combination of the named aspects, used for the identification and distinguishing of services/goods. Trademarks distinguish the goods/services provided by one seller/provider from others within the market. A trademark is usually unique to a given business and cannot be used by two or more businesses at the same time. Here are facts regarding How to register trademark for business.

It is very important to have a trademark specifically today when there is constant change in the business landscape and there is very high competition. Trademarks are essential in this type of market since they distinguish the services or goods of a business from those of their competitors. The reputation of the business is carried by these marks and they assist in reinforcing long term relationships with other business stake holders and clients.

It is important to be aware of trademarks in order for one to be able to protect their rights. Besides protecting the rights of the owner of trademark, knowing about trademarks also helps one to avoid infringing into the rights of other people and entities. In the United States, the USTPTO is the agency that is responsible for registering and enforcing the rights of holders of trademarks.

The USTPTO contains many resources which are useful to anyone that needs to register trademarks. Individuals can use these resources in gathering information, asking questions they might have as wells as checking the USTPTO registry to see all currently registered marks. After they are sure their mark is different from the others out there, they can begin the registration process.

Entities and people are given the choice of registering their trademarks at the state or federal level by the US government. The owner is only protected from infringement at the state level when they register the mark within the state the business operates. On the contrary, the mark is protected within the whole country if it is registered at the federal level.

In order for one to register their mark federally, the business they do must traverse multiple states or it must be international. Since most companies transact through e-commerce platforms, if the e-commerce platform provider shows transactions that apply beyond state borders, then they can register federally. As such, most businesses usually qualify to register their businesses at the federal level.

Legally, there are no requirements put forward for one to meet in order to register their trademark. However, there is some protection that one gains from having their mark registered. A registered mark is the property of the owner. In case one infringes on the mark, the owner of the mark can have an easier time to take legal action.

It could be very costly, and difficult to prove ownership and use of unregistered marks. This is why registering the trademark appropriately is very important. In case two entities are fighting over one unregistered trade mark, there are several factors that must be considered by the court in making a decision. The case is usually won by the entity that provides proof that it used the mark longer. When registering a mark, there are strict requirements that should be observed.




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