The Benefits of Federal Trademark RegistrationPosted by William on Nov 4, 2011 in Art, Business Litigation, Business Transactions, Commercial Litigation, Commercial Transactions, Entertainment, Intellectual Property, News, Television, Trademark | 0 comments
When a party registers his or her trademark with the United States Patent and Trademark Office, presumptions come into play and infringement lawsuits become a lot more feasible from a financial standpoint. An infringement lawsuit is the only way to enforce trademark ownership and federal registration makes it much easier to win a federal lawsuit against later infringers. Federal registration make it easier to bring the lawsuit because you do not have to prove that you are the mark’s owner and that later user deliberately copied the mark, which means that it is easier to collect large damages and attorney’s fees.
Federal registration places huge liability on others for deliberately using your mark. Because when you registered your mark, you are entitled to actual economic damages suffered by the owner as a result of your infringement or amount of your profits earned while using the purloined mark, punitive damages three times the amount of damages or profits awarded to the owner, attorney’s fees incurred by the owner, and the court may order them to stop using the mark, which may result in large retooling expense and the need to rebuild the company’s goodwill.
An experienced trademark attorney can help you safeguard your business and ensure your business can continue to grow, expand, and reap the benefits of all the hard work and effort you put into it. With businesses continuing to increase their online presence, registering your trademark with the United States Patent and Trademark Office is more important now than ever. You need to know that your business can continue and expand for many years to come. Taking the time now to properly secure your business’ most important asset, its goodwill, can ensure that other parties will not use your business name, logo, or (worse yet) try to pass their business off as yours.