Why Should I Register My Trademark? Part I
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Why should I bother to register my trademark? Part 1
Here's another Trademark Health Tip from the Trademark Doctor.
People often ask, "I have common law rights. Why should I bother to register my trademark?"
A federal trademark registration has many advantages.
Advantage #1: Nationwide rights
A federal trademark registration gives you the exclusive right to use that mark nationwide.
Without a federal registration, you only have rights in the geographic area where you are actually using the mark.
Advantage #2: People can find your mark and avoid using it.
With a federal registration, people who are looking to use your mark or a similar mark can find your registration in the trademark database and avoid it.
Without a federal registration, someone else might not know that you are using your mark, and may get a registration for that mark themselves. Then YOU have to go and try to get their registration cancelled. This is very expensive. For goodness sake, follow doctors' orders and just register that trademark!
Advantage #3: Your rights are presumed.
When you have a federal trademark registration, you are presumed to have the best rights to the mark. This saves you a lot of hassle later, if you have to sue to stop someone else from using your mark.
You are presumed to have been using the mark at least as early as the date stated on your trademark application. The other guy has to prove otherwise, and it's an uphill battle for him.
This has been a Trademark Doctor Trademark Health Tip.
Want more? See us at TrademarkDoctor.net.
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