Protect your Business- Register your Trademark.

What is a trademark?

A trademark is a word, phrase, symbol, design, or a combination thereof, which identifies and distinguishes the source of the goods of one company or party from those of another.

A service mark is same as a trademark, except that it identifies and distinguishes the source of the service rather than the product. Throughout this website, the terms "mark" and "trademark" refer to both trademarks and service marks.

Owning a trademark or service mark grants the owner the exclusive right to identify their goods and/or services with that mark.

Why register a trademark?

Registering a trademark heightens the protection it receives, deters others from using your trademark, and increases the remedies should someone infringe upon the trademark.

A. Greater Protection

1. Registration protects a company's name or logo, which is often a company's most valuable asset; 

2. The trademark owner receives exclusive nationwide ownership of the mark;

3. Registration decreases the likelihood of another party claiming that your trademark infringes upon their trademark;

4. Registration provides official notice to others that a trademark is already taken; consequently, a company that later adopts a confusingly similar trademark can not claim ignorance of the mark;

5. The trademark owner obtains the future right to make the mark "incontestable," which provides conclusive evidence regarding the validity of the mark and of the registrant's exclusive right to use the mark; and

6. A United States Registration can be used as a basis for obtaining registration in foreign countries.

B. Greater Deterrence

1. The trademark owner obtains the right to put a , after the mark, alerting others to your registration and preventing the defense of innocent infringement;
2. The trademark will appear in trademark search reports ordered by others, likely discouraging others from proceeding with the registration of the same or similar mark; and

3. The United States Patent and Trademark Office ("USPTO") will refuse registration to any trademarks it deems confusingly similar to your trademark.

C. Greater Remedies

1. Registration grants the trademark owner the right to recover up to triple damages and attorney's fees from an infringer;
2. The trademark owner receives the presumption of being the valid owner of the mark;

3. A registration increases the likelihood of the successful filing of a dispute resolution policy for an infringing Internet domain name; and

4. The trademark owner has an automatic right to sue in federal court. 

How is trademark protection different from copyright and patent protection?

As earlier discussed, a trademark is any word, symbol, device, logo or slogan that identifies and distinguishes one product or service from another.

A copyright is a bundle of rights granted to authors of creative works such as books, websites, computer software, music, architecture, paintings and many other creative works. A copyright owner has the exclusive right to copy and sell the work and additionally has the right to perform it and make variations on it.

A patent is a right provided by the government that allows inventors to prevent another from making, selling, or using another invention that is similar in nature. Patents may be used to protect inventions, machines, devices, processes and many other things. Registering A Trademark does not practice patent law. 

Is there a worldwide trademark?

No. However, it is possible to file one application for a group of countries such as:

1. The European Union, covering 15 countries in Europe;

2. The Madrid Protocol, covering several dozen countries; and

3. The Andean Pact, covering several South American countries.

Otherwise, one must seek trademark protection on a country-by-country basis. 

Should you require more clarification please feel free to contact me on rupeshpr@gmail.com