Benefits of trademark registration in us [Expert-Advice]

Last updated : Aug 27, 2022
Written by : Nancey Dougher
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Benefits of trademark registration in us

What is the benefit of registering a trademark?

Registration provides nationwide priority over all others who might seek to adopt the registered mark. Registration significantly reduces the costs of enforcing trademark rights. Registration provides for enhanced protection against counterfeiters, cybersquatters, and importers of infringing product.

Is trademark registration mandatory in USA?

No. In the United States, parties are not required to register their marks to obtain protectable rights. You can establish “common law” rights in a mark based solely on use of the mark in commerce, without a registration.

Do you pay taxes on a trademark?

Report your profit from the sale of the trademark on your income taxes. You cannot deduct the cost of creating your trademark, but you can apply it to your formulation of the "income tax basis", which is the reference point for determining tax liability upon sale and depreciation deductions.

How do trademarks work in the US?

having a registered trademark. You become a trademark owner as soon as you start using your trademark with your goods or services. You establish rights in your trademark by using it, but those rights are limited, and they only apply to the geographic area in which you're providing your goods or services.

Who can file trademark USA?

An application may be filed by a foreign applicant who has a genuine intention to use the mark in commerce and who either has applied to register, or has registered, the mark in the applicant's country of origin. Section 44 of the Lanham Act, 15 U.S.C.

Can an Indian register trademark in USA?

To register international brands, the trademark owner must fill the application out of the company. Once approved, the application will be displayed in the Official Gazette of International Marks of the World Intellectual Property Organization (WIPO). The International Bureau issues a registration certificate.

How long is a trademark good for?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

How much is a trademark worth?

Trademarks can have no value, or can be very valuable indeed – it all depends on the business associated with the mark!

What is the cheapest way to trademark?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

How does a trademark protect you?

A trademark protects the specific, unique name, logo, and symbols pertaining to your products or business brand. Trademark protection may apply to business names, symbols, logos, sounds, and even colors that are emblematic of one specific brand.

What are the 3 types of trademarks?

What you'll learn: Arbitrary and Fanciful Trademarks. Suggestive Trademarks. Descriptive Trademarks.

Can you make money from trademarking?

But registering a trademark isn't just an opportunity for entrepreneurs to preserve all of their hard work from getting used by another company – it's another way to make money too. Some trademarks are worth billions. Google's trademark value totals a whopping $44.3 billion. Microsoft's comes in at $42.8 billion.

Does a trademark cover all 50 states?

Federal trademarks give you ownership across all 50 states, plus all U.S. territories. Federal trademarks allow you to use the ® symbol. You can file infringement suits in federal courts. Your mark will be listed in the U.S. Patent and Trademark Office (USPTO) database.

Can a non US citizen file a trademark?

From August 3, 2019, non-residents of the United States will be able to apply for registration of trademarks and patents to the United States Patent and Trademark Office (USPTO) only with an attorney who is licensed to practice law in the United States.

How do I get a US trademark certificate?

  1. Step 1: Checking trademark availability.
  2. Step 2: Application filing.
  3. Step 3: Checking of the trademark.
  4. Step 4: Action and approval of Trademark Office.
  5. Step 5: Opposition time.
  6. Step 6: Final registration.

How do I register a brand name in USA?

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer's help. The simplest way to register is on the U.S. Patent and Trademark Office's Web site,

How do I trademark a logo in USA?

How to Trademark a Logo. A unique logo can be trademarked by registering it with the USPTO. Anyone can apply online on the USPTO website if the business for which they're authorized to file is principally located inside the U.S. If based outside the U.S., a patent attorney will be required to make the filing.

Can I get a global trademark?

To protect your trademark internationally, you must file for trademark registration country by country. Nevertheless, through certain regional trademark offices, a single registration grants protection in multiple countries or territories.

Who can file international trademark?

The applicant should be a national of India or domiciled in India or have real and effective business or commercial establishment in India. The applicant must have a national (Indian) trademark application or registration of a trademark with the Indian Trade Marks Registry.

Can you lose a trademark?

You can lose a trademark in a variety of ways. You can lose a mark through abandonment. A mark will be considered abandoned if you stop using it for three consecutive years and you have no intent to resume its use. You can also lose a mark through improper licensing or improper assignment.

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Benefits of trademark registration in us

Comment by Macie Kuechle

dennis runs a plumbing company ez plunger welcome to the trademark factory so what are the benefits of registering my trademarks first of all registration protects your brand all across canada people may only know about you in vancouver but the registration will protect you in toronto calgary and everywhere else in canada wow your registered trademark is a valuable asset it's easier to sell franchise or license out your brand if it's registered as a trademark if your brand is not registered and there's a dispute around it you will have to prove that it is a trademark and that you own it dennis failed to prove that he owns the trademark so dennis loses if it is registered as a trademark it would be up to the other side to prove that your brand is not a trademark or that you don't own it that is why it's much cheaper and easier to win a trademark dispute if you have a registered trademark there's more nobody can get away with infringing on your trademark by saying they did not know you owned it i didn't know it's his trademark your registration certificate is enough proof that everyone knows your trademark the other side failed to prove that dennis does not own the trademark so dennis wins cheaper and easier i like that one of the other benefits usually overlooked is that registration provides free and automatic protection against others registering identical or similar trademarks what do you mean free the trademarks office will not register any trademarks that are confusingly similar to the mark that you applied for or registered that means that simply by applying to register your mark you can prevent a competitor from registering a trademark similar to yours i like it when the government is working for me also don't forget that your registered trademark will appear in the trademarks register which others will usually search when choosing their own brand nah let's look for a different name these guys are serious maybe it's not relevant to you but did you know that foreign companies can't own dot ca domain names unless they have a registered trademark in canada also your canadian trademark registration will make it much easier for you to register your trademark in the us and other countries yeah world domination and yes we can file u.s trademarks for canadian businesses trademark factory is authorized to represent canadians before uspto that's a lot of benefits what do i do now first of all go to our website at and fill out the form telling us about your brand we will conduct a search analyze the results and provide you with our opinion absolutely free if it can be done we will be happy to help you register it you

Thanks for your comment Macie Kuechle, have a nice day.
- Nancey Dougher, Staff Member

Comment by kudapane

I've talked in the last two videos about trademark registration but here's a fun secret you don't have to have a registration or even apply at the PTO in order to have trademark rights as we've said before trademark rights arise from use in commerce registration just Records rights that already exist it doesn't create them so then what's the point what's the point of going through this whole examination process and spending the time and the money to get a registration I'm going to give you 11 good reasons today so number one it discourages others from using confusingly similar marks in the first place because it makes the marks easy to find when they search the trademark database it's always good to prevent problems before they even start number two it protects you against the registration of marks that are confusingly similar because the trademark office has a duty to investigate and to cite Prior registrations against applications for confusingly similar marks and to refuse to register such marks in this case you've got the full power of the US government helping you to prevent infringement number three it treats the mark as if it's used nationwide as of the application date without a registration your rights are going to be limited to the geographic area where the mark is actually being used which potentially allows someone else to use the same or very similar mark in a different part of the country eventually this is going to lead to confusion when either you or the other guy expands your business I do have to admit here that there are some limitations to the ability of a registration to prevent uses in every single corner of the country if there's no use there but a registration does give you prima facie evidence of Rights across the country meaning that if the other side wants to say that you don't have rights they're gonna have to prove it number four it gives you nationwide constructive notice of ownership of that mark as of the date of registration this means is that someone else can't claim that there later adoption of your mark or a similar mark was a good faith number five it gives you a heightened level of protection after five years we call this incontestability and what this does is wipe out a lot of the defenses that someone might have in case of an infringement lawsuit it can help in court proceedings but perhaps more importantly it can help quickly convince someone else to stop using a mark like yours before we ever have to go to court number six it gives you the right to use the circle R symbol when the mark is used for the goods and services listed in their registration this gives your product marketing cachet and it puts competitors on notice that you are serious about protecting your rights number seven it grants you the right to sue in federal court and in certain cases it can give you the right to get triple damages and get your attorneys fees back number eight it entitles you to certain statutory damages in the case of counterfeiting what this means is that you don't have to prove your damages in order to get the money award and has the added bonus of making litigation much less expensive number nine it gives you a basis for a foreign registration as your product takes off and you expand around the globe number ten it gives you the right to record your registration with the US Customs and Border Protection to block imports of counterfeit products which gives you even more of the power of the US government to help protect you and finally number eleven if you ever go to sell your business a buyer is going to do due diligence on your company registered trademarks can enhance the value of the business unregistered marks will have to be examined for validity and they'll slow down the process of the sale you can sell faster and you can make more money there are a lot of great reasons to register a trademark and not so many not to so if you're ready to get started go ahead and give us a call for now thanks for watching bye

Thanks kudapane your participation is very much appreciated
- Nancey Dougher

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