The Business of Creativity

Houchin Consulting PLLC

Why Register a Trademark

Posted on | April 6, 2006 | No Comments

Ownership of a trademark is automatic as soon as the mark is first used in trade (or in the case of marks that are not inherently distinctive, as soon as the mark gains enough “secondary meaning” to act as an indicator of source for the owner). No registration is necessary to acquire ownership rights, but if you DO register the mark, you receive the following benefits.

First, a presumption of mark ownership and validity.

Second, after 5 years of continous use, preculsion of certain challenges or defenses to the mark.  (Saving a lot of time and money in litigation if necessary – and giving you a bigger club to use in settlement/forced licensing negotiations…)

Third, presumptive rights relative to a larger geographic area than might be possible without the registration. (Note: the Web has diluted this advantage a bit…).

Fourth, a right to assistance from U.S. Customs in preventing infringing goods from entering the country.


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