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Useful And Essential Facts About How To Register Trademark For Business

By Raymond Bailey


A trademark or a service mark refers to any name, device, symbol, word, or any combination of the named aspects, used for the identification and distinguishing of services/goods. Trademarks distinguish the goods/services provided by one seller/provider from others within the market. A trademark is usually unique to a given business and cannot be used by two or more businesses at the same time. Here are facts regarding How to register trademark for business.

It is important to have a trademark, especially in this current marketplace that is digital, competitive, and characterized by changing business platform. Service marks are essential in such types of market atmospheres since they differentiate the services and goods of a business from the ones competitors offer. The marks do carry the reputation of a company with them and also help in reinforcing long-term relationships with other stakeholders like customers of the business.

Knowing trademarks is important because they make one capable of protecting their rights. Apart from protection of the rights of the trademark owner, being aware assists in avoiding invading the rights of other entities and individuals. The USTPTO is the agency in the US which is in charge of registration and enforcement of the rights of trademark holders.

This agency has many resources that can help anyone who has the intention of trademarking their products/services. These resources can be used for gathering information, asking any question one might have, and checking the USTPTO registry so that all registered registries can be seen. After ensuring that one has a unique trade mark, they can begin the registration process.

The United States government provides individuals and entities the option to register their marks at the state and federal level. When the marks get registered at the state level, the owner gets protected against infringement from within that the state it is registered. On the contrary, national protection is provided on marks that are registered at the federal level.

In order for one to register their mark federally, the business they do must traverse multiple states or it must be international. Since most companies transact through e-commerce platforms, if the e-commerce platform provider shows transactions that apply beyond state borders, then they can register federally. As such, most businesses usually qualify to register their businesses at the federal level.

There are no legal requirements individuals should meet so as to register trademarks. Nevertheless, one gains some protection if their trademarks are registered. Registered marks are properties of the owners. If other entities or individuals infringe on the mark, the mark owners can get easier time taking legal action.

Proving ownership and use of marks that are unregistered can be very difficult and costly. That is why it is important to have it registered through the right way. In case an unregistered mark is being fought over by two entities, the court will look at several factors before deciding on such cases. Usually, the entity that can prove that it was the first one to use the mark wins the case. There are very strict requirements that must be followed when registering marks.




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