Your identity is one of the most precious assets of the company. This is a sign of your reputation and it’s how the outside world knows you. You would certainly not be pleased about it if a rival begins to use your name.
But what if the company name is trademarked? Would it prohibit the use of it by other companies?
The answer is that a registered mark gives you the sole right to globally use your business name on your registered products and services and allows you to impose the mark by taking cases to the federal court. You are not allowed to register any more. There are good defences but it will be your duty to track and take action to avoid illegal use of your identity.
You have common law trademark rights if you use the trademark and do not file it with the USPTO. You will block people in your local geographical area by adding your logo. This may be appropriate for a small local corporation, but may be not very beneficial if you have a national Internet-based enterprise.
You receive some benefits by filing a trademark:
- You will be protected by the national trademark.
- You are entered in the USPTO database to establish a public registry of your property and the date you started to use the trademark, and your trademark ownership.
- People looking for trademarks will see and will be less likely to use the trademark.
- In order to implement the name, you may file an appeal at the federal court.
- Registration presupposes that you own the label and will use it for products and services specified in your submission. That’s helpful if you have to sue someone for patent enforcement.
- You can file the trademark in another country through U.S. registration.
- You have the freedom to use the trademark registered symbol, ® in filing.
- The various benefits of registration of the mark have led to the registration of millions of marks with the USPTO.
- Both firms do not, however, apply for registration of trademarks.