Why It's a Good Idea to Register Your Trademark

Here are a few reasons why it's a good idea to register your trademark.

Registered trademarks increase the value of your business

A registered trademark is an intangible asset that is valuable for your company.

Should you ever sell the company, having a registered trademark may increase the sale price. If you are not looking to eventually sell your company but want to build your business, having a registered trademark allows you to use the ® symbol, which adds legitimacy to your business.

Constructive, nationwide legal notice

Registration with the U.S. Patent and Trademark Office (USPTO) puts others on “constructive notice” that you are the owner of the mark. Constructive notice is valuable because if someone else uses your mark or a mark that is confusingly similar to yours in commerce, and you take them to court, you won't have to prove that the infringer had actual notice that the mark was yours before the infringement.

A mere cease-and-desist letter that references registration of your mark can be a powerful incentive to stop the offender from using your mark. This is important to prevent others from diluting or outright stealing your brand. Furthermore, registration may also help you prevent others from using an internet domain name that could be confused with yours.

Stronger protection

Five years after registration, you can apply to have your mark declared incontestable. This means your exclusive use of the mark is conclusively established in court.

Secondly, and more importantly, trademark registration may allow you to collect additional damages and attorney fees if you prevail. It is also worth noting that if your mark is registered, it will automatically be subject to federal jurisdiction and you will be able to bring your claim in federal court, as opposed to state court, which offers many advantages, including ease of discovery across state lines and experienced, federal judges on the bench.