Trademark
Registration
When your trademark is federally registered with the USPTO it is
protected throughout the United States, not just in one state. This
is extremely useful when enforcing your trademark rights on the
Internet.
Federal trademark registration provides nationwide constructive
notice to others that the registered trademark is owned by you. If
your trademark is infringed, the infringer can not defend his
conduct by arguing he did not know about your trademark.
Also, when federally registered, your trademark will be published in
the USPTO database. This helps prevent your competitors from
adopting confusingly similar trademarks.
When you federally register your trademark, you may be able to
recover three times your actual damages from the trademark
infringer. This is called “treble damages”.
You may also be able to recover any profits that the defendant
earned while infringing your trademark. These are serious economic
penalties you can use against trademark infringers, but they are
only available if you federally register your trademark.
Attorney fees add up fast, especially during litigation. If you have
to sue a trademark infringer, you may be entitled to recover
attorney fees, but only if your trademark is federally registered.
After five years, federally registered trademarks become
“incontestable”. When this happens, your exclusive right to use the
trademark is conclusively established, making it extremely difficult
for another party to challenge your trademark.
Website Owners: Important Benefits of Federal Trademark Registration
for Internet Businesses
Has anyone ever registered a typo of your domain name? Or is a
competitor using a confusingly similar domain name? If it has not
happened already, it probably will. And when it does, you’ll find
yourself in a domain name dispute.
To win a domain name dispute, the first thing you’ll have to prove
is that you have trademark rights. And the easiest way to prove that
you have rights in a trademark is by showing you have federally
registered the trademark.
For this reason, federal trademark registration is super important
in winning domain name disputes.
Is a competitor bidding on your trademarks in the pay-per-click
search engines? What about using your trademark in Google Adwords
advertisements?
Each search engine has a trademark policy for dealing with these
problems. But if you want to complain to a search engine, you’ll
have to prove to the search engine that you have trademark rights,
and by far the easiest way to do that is by showing that your
trademark is federally registered.
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