Top 7 Reasons To Register Your Business Trademark

Do you wish to protect your business? Is your business idea written on book, or even the name of your business protected? If you are like many other businesspersons in San Diego, then you may be thinking, WHY protect your business name, yet no one could ever think of using such a name, or come up with similar ideas on text. Well, your business name represents your brand and it is the only way that your services or products are identified. This makes it your intellectual property needing protection.

Besides being your property, it is important to trademark your business for the following reasons:

1: Federal protection

Once your business name is trademarked, you will have it placed on constructive notice within the borders of your country and any other country or state within the same federal coverage. This protection is afforded to you even before your business gets a nationality.

2: Protects your money

If your business name infringes on the rights of another business that has been trademarked, then you run your business on the risk of being sued and losing money. If your business operates under an infringed trademark, you will be forced by the law to rename your business name, give up all profits earned while running business under the name, and you will also have other damages to pay up for including high attorney fees.

3: Infringement deterrent

By letting the world know through licensing agreements that your business name or other intellectual property is protected through a registered trademark, you gain superior rights protecting your business. Since the Patent and Trademark offices runs searches on names, your business’s will be safe in case an entity tries to use it.  

4: Litigation fees

In a situation where your name is used or your products are copyrighted, you will benefit from the infringement. As the owner of a registered trademark, you have the rights to sue any party using your business name illegally. You are entitled to attorney fees and triple the damages incurred. Statutory damages for counterfeiting are also charged if you pursue the case through San Diego lawyers who will fight the case for you.

5: Zero-contest for your business name

Your business will be granted the zero-contest or incontestability right if you file a suit for the same following use of a business name for over five years. An incontestability status is important, as it provides validity evidence for use of the trademark and the exclusive rights given to the owner.

6: Use of the ® symbol

The only businesses allowed to use the ®, or the ™ symbol have to be federally registered. These symbols provide constructive notice, which marks the name or the business as your exclusive right. A defendant who feigns innocence in the court will be tied by his words when these symbols are present.

7: True mark of ownership

Just having a business registered in your name isn’t enough for you to have exclusive rights over the name you use. Trade marking and federal registration of your business gives you exclusive ownership of the name and the business.

In conclusion, your business and all your finances are safer when you have trademarked your business name. Though the process may seem tumultuous at first, it is the only way for you to completely own your name and protect your business from counterfeiting.

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Andre Bourque (SocialMarketingFella) is Editor Emeritus of Technorati.

He covers emerging trends and news in social, mobile, cloud, and related technologies.

Based in San Francisco, he can be contacted via his social channels and at: andrefbourque@gmail.com

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