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Trademark News

Benefits Of A Trademark Registration

It is important to be concerned with every aspect of your business, from the product or service you offer to your financials, but possibly one of the most critical aspects of your business is your brand name. Many wonder if a trademark is really worth all the time, effort, and money is worth all the hassle for a single name, but the benefits speak for themselves after you get your trademark. 

Ensure You Are The Only One To Use The Name And Others Can’t
When submitting a trademark application, you must do research to make sure that the name you want to use isn’t already in use in your industry. By doing this, this prevents you from infringing upon any existing trademark. The USPTO will also review your requested mark to ensure that there are no possible conflicts and that your mark is unique enough to be associated with your brand. Once your trademark is registered, you will have broad protections from any possible infringement. Imitators can try to cut into your profits or even make you have a bad reputation by offering low-quality products or services. Luckily, if a situation like this arises, a registered trademark gives you leverage to stop imitators and recover damages should you incur financial loss.

Trademarks Make It Easier For Customers To Find You
The marketplace is filled with various brands, which makes it difficult to distinguish you from your competitors. When customers search for a brand or a product, entering it into a search engine or social media platform is usually the first way to go. With your own trademark, you are able to effectively capture the attention of customers by making yourself look recognizable. Examples of this can include the Nike “Swoosh,” McDonald’s and their golden arches, and Tommy Hilfiger’s flag logo. By being recognizable, customers automatically know why they are dealing with and are less likely to look for alternatives. Trademarking your brand could be the critical factor in the customer’s purchasing decisions.

Trademarks Protect You From Copycats
If you decide to sue an infringer, a court will examine various elements such as who used a mark first, the strength and popularity of the mark, and so on. It is a long and laborious process to convince the court that your mark is original and is stronger than the alleged infringer's. Also, as other court cases, the outcome is not guaranteed. This means there is a chance of losing your trademark, which results in rebranding. A well-researched and registered trademark ensures only you can use your brand name. With a registered trademark, the court assumes you are the rightful owner of the mark and requires the other party to prove that your mark is not original. This assumption is quite a burden to the other party, but significant advantage to you. 

Trademarks Never Expire
As long as you are using your trademark in United States commerce and filing the necessary paperwork every 5 or 10 years, your trademark will not expire. Many big brand names in the US have been around for over a hundred years, such as Pepsi-Cola (1896), Dixie Cups (1917), and CX by Converse (1915).

For more information on obtaining a trademark and how that process works, check out our article on The Trademark Registration Process and Timeline.


Intern, Claudia Suszczynska