Brand Registry Trademark excels at trademark registration. We have helped thousands of online sellers obtain the exclusive rights to their brands through our carefully tailored process for success.
Why is trademark registration important?
Federal trademark registration creates intellectual property rights granted by the United States government. These rights give the owner or holder of the trademark the exclusive right to use that trademark in association with a class of certain goods or services within the Unites States. Trademark registrations are prima facie evidence of these trademark rights. They can be used by rights owners in a variety of contexts, including trademark enforcement, getting on the Amazon Brand Registry, licensing, and extending operating lines of credit through collateralization. Properly perfecting rights in intangible assets like brands, product lines, product names, and technologies or features through trademark registration increases the valuation of a business.
Mistakes in trademark registration are bad.
Significantly, trademark registrations can vary in their quality, and consequently, the benefits they confer to trademark owners. The best trademark registrations are often the result of work by experienced trademark attorneys who conduct proper trademark clearance searches, trademark application, and trademark prosecution. Since trademark applicants are not required to use trademark attorneys, trademark registrations are sometimes obtained by those who are inexperienced, unfamiliar, or even sloppy with trademark law. Unfortunately, these registrations can have large or fatal and invalidating errors baked into them—usually without the knowledge of their owners. Explanations and examples of common mistakes in trademark registration follow below.
First, it is critical that the entity that owns the trademark be accurately specified in a trademark application. Unfortunately, where the wrong entity is entered into the trademark application, resulting registration may be invalid.
Second, trademark registration is contingent on proof of actual use of the mark in commerce. This use is demonstrated by submitting specimens to the United States Patent and Trademark Office (USPTO) for approval. Although specimens may be submitted and even mistakenly approved by the USPTO to obtain a registration certificate, these may be later challenged by more scrutinizing parties, typically in a trademark dispute. If the specimens do not, in fact, show use in commerce as it is defined by the law, the resulting registration may be invalid.
Third, while trademark applicants may obtain a registration for some goods used under their mark, they may unknowingly omit protection for other, intended goods used under their mark.
Fourth, even though trademark applicants may successfully obtain a trademark registration in the United States, they may miss out on opportunities to extend such protection to other countries if they are not aware of deadlines and required post-registration action for international trademark protection.
Commonly, it is when valid trademark rights and proper trademark registration are most needed—for example in enforcement efforts, litigation, or due diligence conducted for business transactions—that the consequences of trademark registration mistakes become evident.
However, if a trademark registration is properly obtained, it may be maintained indefinitely by the trademark registrant, provided that she or he continues to use the trademark properly and maintains and renews the registration. In short, pursuing trademark registration with an expert trademark attorney can pay dividends over the long run.
Contact Brand Registry Trademark today to have experienced trademark attorneys help you obtain a high quality trademark registration that will increase the value of your business and help you reach your business objectives.