Your brand matters. After all, your brand is WHO you are, WHAT you do, and WHY you do it. Remember – people are loyal to brands, not products.
Trademarks protect brands. They are the foundation of every successful brand. That’s why it is important to trademark your brand.
The single best way to protect your brand is with a Federal trademark.
Here are seven legal reasons why you need to get a Federal trademark for your brand.
They Put the Federal Government to Work for You Protecting Your Brand
They Come with Nationwide Protection
They Deter Copycats
They Make Protecting Your Brand Easier
They Lead to More (and Repeat) Sales
They Make Foreign Registrations Possible
They Can Continue Indefinitely
They Make Protecting Your Brand Easier
Bonus Reason: They are Property With Real Monetary Value
Reason #1 to Trademark Your Brand – They Put the Federal Government to Work for You
The U.S. Patent and Trademark Office will immediately begin rejecting applications for trademarks that are similar to yours. In fact, the USPTO is legally required to refuse them. You can even ask the Department of Homeland Security to look for infringements at the border!
Reason #2 to Trademark Your Brand – Nationwide Protection
A Federal trademark comes with the legal presumptions of your ownership of your trademark in all 50 States, along with an exclusive right to use it and access to Federal courts to protect it.
Reason #3 to Trademark Your Brand – They Deter Copycats
Registration adds your mark to the Federal trademark database, where it will be found by competitors searching for new names. They will have strong incentives to steer far clear of your Federal rights, or risk having to rebrand.
Reason #4 to Trademark Your Brand – They Make Protecting It Easier
Your Federal registration will allow you to bring an action in Federal court for money damages. The threat of this potential legal option alone often causes infringers to stop. In this way, a Federal registration makes it much easier, quicker, and cheaper for you to prevent competitors from using conflicting trademarks.
Reason #5 to Trademark Your Brand – They Lead to More (and Repeat) Sales
Trademarks help customers find the products and services that they like. This helps make them repeat customers, especially for e-commerce businesses. Also, trademarks help customers recommend products and services to their friends. This is free marketing.
Reason #6 to Trademark Your Brand – They Make Foreign Registrations Possible
A Federal trademark can be used to secure trademark protection in foreign countries like Canada, China, Mexico, and the United Kingdom.
Reason #7 to Trademark Your Brand – They Can Continue Indefinitely
Your Federal trademark registration may not expire as long as it is used in “interstate commerce” and certain filings are periodically made. In fact, some of the most recognized brands in the United States today have been registered for over a hundred years. Mercedes, for example, was first registered in 1900. Pepsi-Cola was registered in 1896.
Bonus Reason: They are Property Worth $
Federal trademarks are property. They are the way you monetize a brand. The more your business reputation grows, the more valuable your brand can become. Federal trademarks can be bought, sold, licensed (like renting or leasing) or used as a security interest to secure a loan to grow your business.
Why wouldn’t you protect your good name and hard work?
Building a business that proudly offers quality products takes enormous amounts of hard work, dedication, and courage. The effective branding of those products also takes valuable time and creativity. Doesn’t it just seem right to protect that effort and investment? After all, think of the sales you might lose if another company opened up using your same name.
Plus, rebranding will be expensive
At some point, you might face a challenge from a competitor over your brand. If you don’t take the necessary steps to clear and register your trademarks, you could find yourself in a battle that you don’t want to fight. Rebranding is a nightmare that can be avoided by thinking ahead and acting earlier rather than later.
In the end, it comes down to this:
If you’re serious about your business and your brand, then you need to protect them. A Federal trademark registration is the single best way to do that.
Michael E. Kondoudis is an award-winning trademark attorney and the principal of The Law Office of Michael E. Kondoudis, a trademark and patent law firm headquartered in Washington, DC.
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