Surely breaking into the U.S. information technology sector is the holy grail of any new venture. The intended result has been realized. Many clients. Applause. If happiness requires nothing else, what is it?
Some may find this step superfluous. A trademark identifies your products and services in customers’ eyes. Without “legitimization,” you may utilize your registered brand.
Let’s say you’ve spent time creating a unique brand, naming it, supporting its development, and trademarking it.
One “good” day, you discover that a competitor’s IT business, which provides similar services, has shamelessly copied your brand and is using YOUR trademark without authorization.
You called the opponent, but they stated, “We have already submitted an application for trademark registration in the USA” Sorry, kid.
The worst part is that you can never file a trademark using the same word again unless you can establish uncontested earlier use.
1. Proof that you own the trademark.
Any trademark searcher may access the USPTO’s trademark database. This can help others avoid similar names to avoid confusion with current companies.
After filing an application, the USPTO will postpone registration of confusingly similar trademarks and refuse to register them after registration.
When you register trademark USA, you get access to formal resources to combat rivals’ unfair use of your trademark.
Since demonstrating true monetary losses is difficult, it’s a tremendous advantage. Thus, trademark registration deters competitors from infringing on your brand.
2. Nationwide safety.
After USPTO registration, this trademark grants nationwide exclusivity to sell products and services (USPTO). No one else in the country may promote or offer services under this brand.
USA trademark protects your brand against copycats in all 50 states. If you just operate in one state, you don’t need to worry about retaining your rights in other states while developing your firm with a registered TM.
3. Investors value registered TMs.
Most businesses need outside capital. Investors will see your commitment to company growth with trademark registration. Investors also require trademark registration.
Since it’s a company’s “wrapper,” its brand is also a valuable asset.
If you’re starting a business, you generally aren’t thinking about selling. However, registering a trademark may reassure potential buyers that trademark infringement has been prevented.
4. Domain name battles are protracted and unpleasant.
The “first come, first served” principle means that it’s fairly uncommon for desirable domain names to be already taken.
Cybersquatting refers to the practice of registering a domain name with the intention of selling it to the owner of a legitimate company.
When a domain name becomes contested, what part does a brand play? Successfully challenging a domain name under the UDRP rules requires the claimant to demonstrate both that it owns the rights to the trademark at issue and that the domain owner acquired the name in bad faith. It is exceedingly difficult, if not impossible, to do so without a trademark registration. This is a topic we have covered previously.
5. Using a Trademark Registration in Advertising.
To register a TM in the Supplemental Register is conceivable even if the TM is just descriptive and hence not eligible for registration in the main registry. Trademarks that are registered on the Supplemental Register are protected from being registered as well as from having confusingly similar marks registered on the main register.
In addition, some e-commerce sites provide brand owners with tools for monitoring the sale of branded products and services on their sites. It also facilitates the rapid identification and response to trademark infringement. In most cases, only registered TMs may access such software.