Should I Register a Trademark?

By Alex Smith

You’ve succeeded in developing a brand – whether that’s a word, name, symbol, or a combination of the above, you have created a distinctive image that people associate with your product. Now that this hard work is out of the way, you may be wondering what else you should do to protect this brand that you’ve built. One way to go about protecting your branding is through the registration of a trademark.

Benefits of Registering a Trademark

By registering your trademark, your mark will receive significant protection that will help preserve its value. These protections include:

• Trademark listing with the United States Patent and Trademark Office – The public will have notice of your registered trademark and its validity. Those attempting to register the same or similar marks may be deterred from doing so.

• Legal presumption that you own the trademark – In a federal court, your trademark certificate will serve as evidence that you own the mark and that you have the right to use it. In the event your ownership right to the trademark is challenged, you will have significant evidence in your favor that you are the valid owner.

• Can use your registration as a basis for filing for trademark protection in foreign countries – Existing registration in the US will allow for easier international registration if you plan to use your mark abroad.

• Can initiate a lawsuit in federal court to protect your trademark rights.

• Recording of registration with U.S. Customs and Border Protection – By recording your registration CBP, CBP will work to stop the importation of any goods with an infringing mark.

If you are interested in registering your trademark to receive these protections, please contact me at (612) 361-6394, alex@smithpllcmn.com, or by using our web portal.