Saturday 29 December 2018

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.

The USTPTO has a lot of resources that can be very useful to anybody who wants to register a trademark. One can use the resources to gather information, ask any questions they may have, and also check the registry of USTPTO to see all the currently registered marks. After one is sure that their mark is not similar to any other mark out there, they can start the process of registration.

The United States government provides individuals and entities the option to register their marks at the state and federal level. When the marks get registered at the state level, the owner gets protected against infringement from within that the state it is registered. On the contrary, national protection is provided on marks that are registered at the federal level.

The business one does must be international or transverse several states for its trademark to be registered federally. Since e-commerce platforms are used by most companies for transactions, one can register federally if the platform provider indicates transactions beyond state borders. Therefore, most businesses always have the qualifications of registering their business federally.

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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