Why Register My Trademark? Part 2
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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?"
In Part I, we talked about 3 advantages to a federal trademark registration. Here are 3 more:.
Advantage #4: The trademark office prevents other people from registering a conflicting mark.
When you have a registration, the trademark examiner will refuse to register any mark that conflicts with yours. It's like having your own trademark watchdog, looking out for your rights.
Advantage #5: Intimidation Value.
A federal trademark makes you look more serious to infringers. You can say, "I am the owner of Registration Number 8435984 (I just made that up), and you are infringing my trademark rights. Cease and desist now."
Without a trademark registration, all you get to say is a wimpy, "Hey, I was using that first." Guess who gets taken more seriously.
Advantage #6: Damages
A federal trademark registration lets you sue in federal court for treble damages and attorneys fees.
Remember that letter we were writing in #5? Well, it gets a lot more intimidating when you say, "I'm going to haul you into federal court, and request treble damages and attorneys' fees."
This has been a Trademark Doctor Trademark Health Tip.
Want more? See us at TrademarkDoctor.net.
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• What is a Trademark?
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