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Advantages of a national brand name registration certificate

04th January 2011
By Ownyourtrademark in Legal
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In the USA the trade mark legal rights can be made through adoption of the brand name. What it means is the instant you start using the mark, you get so-called "common law" legal rights. Wonderful news is - you are a mark holder! After I break down it to our clients, many of them ask me "So why should we bother to obain registration for a trade mark if i now earn legal rights based on the common law?" Wonderful point! Merely, your legal rights are narrowed to your territorial place of residence or activity (the town, disctrict, state, etc.) in which you now employ the trade name. your common law trade name cannot be secured outside this territory. Odds are, one day someone else may start utilizing the similar mark as well as you will must sue the "infringers" to discontinue their trade name use, that is a lot detrimental if you acquire a trademark registration. And, even more problematic, someone would register the alike trade name or you would become "locked" within the territory of your original trademark use. If after that you come to conclusion to grow your venture to an additional territory, you will likely be infringing somebody else's mark legal rights.

For this reason, federal trade mark registration certificate gives considerably important benefits, such as:

? You will be given privileged federal ownership of your mark. The U.S. Patent Trademark Office would desist registration to each and every brand names it will find closely identical to your trademark.

? Your mark would be published in mark search reports run by other people, presumably discouraging others from register the alike

? The filing date of the application is a date of initial adoption of the mark in commerce (this provides you federal priority because of that date, except as to parties who used or applied for a trade mark before you did);

? Reduced basis for attacking your registration once it is five years old by third businesses who make an attempt to obain registration for or use the identical brand name;

? The right to bring legal charges against in national court for brand name infringement;

? Recovery of proceeds, damages as well as costs in a federal court action and the chance of triple damages or recuperating your own attorney expenses;

? The legal right to request the United States of America Customs to end the import of products showing the infringing brand name;

? Applicability of criminal penalties and triple damages in an a legal process for duplication the registered mark;

? Your USA registration certificate can be included as a ground for obtaining registration(s) in foreign countries;

? Your registration boosts the likelihood of ending application of an same Internet domain name;

? You can work with the Trademark Registration "r" symbol.

As shown above, you have to actively consider applying for a federal trademark registration. Trademark policy is self-policing, which indicates that if you don't take action to protect your mark, no one else would. Registering your trademark is the basic or considerably grand advancement to safeguard your brand name legal rights.

Please go to or to learn more about brand names.
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