Protect Your Trademark: Understanding Trademark Protection
Your company’s trademark is the foundation of your brand identity. It is the face of your business, the symbol that customers use to identify your products or services. As such, it is essential to protect your trademark from infringement and dilution by competitors. In this article, we will discuss the benefits of trademark protection and how D’Ambrosio & Menon PLLC, an Intellectual Property law firm based in a Houston suburb, can help you protect your trademark.
State vs. Federal Registration
The first step in protecting your trademark is to register it with the appropriate authority. While state registration provides some protection, federal registration on the Principal Register provides significant advantages. The filing date of the application is a constructive date of first use of the mark in commerce, giving the registrant nationwide priority as of that date, except as to certain prior uses of prior applicants.
Federal Registration Advantages
Federal registration provides many benefits to trademark owners, including the right to sue in Federal court for trademark infringement. This allows trademark owners to protect their mark from infringement by competitors, and recover profits, damages and costs in a Federal court infringement action. Additionally, the possibility of treble damages and attorney’s fees adds a layer of protection for trademark owners.
Constructive notice of a claim of ownership is another significant benefit of federal registration. This eliminates a good faith defense for a party adopting the trademark subsequent to the registrant’s date of registration. The right to deposit the registration with Customs in order to stop the importation of goods bearing an infringing mark is another advantage of federal registration.
Prima facie evidence of the validity of the registration, registrant’s ownership of the mark, and of registrant’s exclusive right to use the mark in commerce in connection with the goods or services specified in the certificate is yet another benefit. The possibility of incontestability means that the registration constitutes conclusive evidence of the registrant’s exclusive right, with certain limited exceptions, to use the registered mark in commerce.
Limited grounds for attacking a registration once it is five years old is yet another benefit of federal registration. Trademark owners can rely on their trademark protection without fear of invalidation. Availability of criminal penalties, seizures and treble damages in an action for counterfeiting a registered trademark is a further advantage of federal registration.
Lastly, federal registration provides a basis for filing trademark applications in foreign countries. This means that companies with registered trademarks in the United States can protect their marks in other countries.
Protect Your Trademark with D’Ambrosio & Menon PLLC
At D’Ambrosio & Menon PLLC, we understand the importance of protecting your company’s trademark. Our team of experienced trademark attorneys can guide you through the registration process and provide ongoing support to ensure your trademark remains protected.
Located in a Houston suburb, our law firm is well-versed in state and federal trademark law. Our attorneys have the expertise and knowledge to help you protect your trademark from infringement and dilution by competitors. If you are interested in protecting your company’s trademark through state or federal registration, please call us today to schedule a consultation.
Although you may have some legal rights to your trademark under common law, registering your mark with the USPTO provides you with nationwide protection and the presumption of validity. Registering in other countries will safeguard your trademark overseas as well. By taking this important step, you’ll have the legal standing to take swift action against any infringement on your mark.
However, the work doesn’t stop there. After registration, it’s crucial to actively monitor your trademark, taking immediate action against any infringement and meeting renewal deadlines. You can rely on the expertise of our trademark attorneys to guide you through this process.
In short, registering your trademark is a vital investment in your business’s future success. Don’t leave it to chance – take action now to protect your valuable intellectual property. Contact our team today to get started.