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.

Having a trademark is very important, especially in the current digital marketplace where competition is very high and the business landscape is constantly changing. Service marks are important in this kind of market atmosphere because they differentiate the goods/services of a business from those offered by competitors. The marks carry the reputation of the business with them and they help to reinforce long-term relationships with customers and other stakeholders of the business.

Knowing trademarks is important because they make one capable of protecting their rights. Apart from protection of the rights of the trademark owner, being aware assists in avoiding invading the rights of other entities and individuals. The USTPTO is the agency in the US which is in charge of registration and enforcement of the rights of trademark holders.

This agency has many resources that can help anyone who has the intention of trademarking their products/services. These resources can be used for gathering information, asking any question one might have, and checking the USTPTO registry so that all registered registries can be seen. After ensuring that one has a unique trade mark, they can begin the registration process.

The US government gives entities and individuals the option of registering their marks at the federal or state level. When the mark is registered at the state level, the owner is only protected from infringement at the state level. On the other hand, when the mark is registered at the federal level, it is protected within the entire country.

For one to federally register a mark, the business in which they engage must be national, international, or both. As many companies transact via e-commerce platforms, in case the e-commerce providers gets transactions, which apply in several states, they can apply for a federal trademark. Therefore, many businesses are normally qualified to register 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.

Proving ownership and use of marks that are unregistered can be very difficult and costly. That is why it is important to have it registered through the right way. In case an unregistered mark is being fought over by two entities, the court will look at several factors before deciding on such cases. Usually, the entity that can prove that it was the first one to use the mark wins the case. There are very strict requirements that must be followed when registering marks.




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