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By Richard Gearhart
Founding Partner

Unlocking the Benefits: 7 Ways a Trademark Can Empower Your Business 

The Legal Benefits of Registering Your Trademark

As an entrepreneur, you’ve invested significant time and resources into building your brand. A trademark can empower your business by providing invaluable legal protections and benefits. This article explores seven compelling reasons to register your trademark with the United States Patent and Trademark Office (USPTO).

Gearhart Law believes in keeping the trademark process easy and simple for our clients. Call one of our experienced trademark attorneys at 908-273-0700 today for more information. 

Establishing Exclusive Rights to Your Brand Identity 

A trademark registration grants you exclusive nationwide rights to use your brand name, logo, and other brand identifiers. This exclusivity gives you recourse against infringement and helps distinguish your brand in a crowded marketplace. Customers rely on trademarks to recognize and connect with preferred brands. Registering your mark ensures others cannot legally undermine the brand identity you have built.

Deterring Infringement with Your Registered Mark

Registration provides a clear deterrent against infringement. Potential copycats will understand they cannot legally use an identical or confusingly similar trademark. Your registered mark signals you are serious about defending your brand rights. Infringers face legal repercussions including injunctions, monetary damages, and attorney fee awards. Establishing these exclusive rights is essential for stopping knockoffs.

Increasing Your Business Value and Marketability 

A registered trademark substantially increases business value and marketability. Your distinctive brand assets become established intellectual property and key business assets. The intrinsic value of your trademark will grow along with your brand equity. These assets make your company more attractive to potential buyers or investors. Registering trademarks is a smart strategy when positioning a business for sale or funding.

Boosting Customer Trust and Loyalty

Consumers place greater trust in brands with registered trademarks. A ® symbol next to your brand name signals you have legally registered your rights. Customers appreciate when businesses make these investments to protect brand integrity. Your commitment earns loyal customers who connect with your brand story. Strengthening consumer trust and loyalty provides a real competitive edge.

Understanding Trademark Classes and Goods/Services

Filing a trademark registration requires identifying your brand’s commercial scope. Applicants must place goods or services into one or more classes pre-established by USPTO. Common classes include education, business services, and software services. Descriptions impact the exclusivity granted. Narrow descriptions reduce enforceable rights, so carefully consider which classes accurately reflect your brand’s offerings.

Withstanding Legal Challenges Through Registration

Trademark disputes often arise between businesses operating in the same commercial spheres. Registration enhances your ability to withstand legal challenges. Your mark is presumed valid, so the burden shifts to challengers to prove likelihood of confusion. And only registered marks can achieve incontestable status after five years of use, providing conclusive evidence of your ownership and rights.

Renewing Your Trademark Registration

Trademark rights can last indefinitely with proper renewal. Marks must be renewed every 10 years by filing documentation and paying fees. Failing to renew leads to expiration of your rights. Renewal provides an opportunity to update goods/services descriptions. Consistently renewing demonstrates your ongoing commitment to the brand and continued use in commerce.

Connecting with Customers Through Strong Branding 

In today’s oversaturated market, emotive branding is more pivotal than ever. Trademarks enable authentic storytelling that resonates with your audience. Protect your stake in that story through registration. Communicate your values, passion, and purpose in a distinguishable way. Your brand identity connects customers to something meaningful and distinctive.

Deterring Counterfeits and Gray Market Goods

Trademark registration aids the fight against counterfeits and gray market goods. Counterfeit versions cheapen your brand quality and damage consumer trust. Gray market goods refer to unauthorized importation and sale of genuine products. Registration puts infringers on notice and enables customs enforcement against unauthorized channels. Protect your reputation by registering your mark.

Registration Provides Nationwide Rights

Unlike state registrations which only provide rights within registering states, a federal trademark registration confers nationwide protection. Federally registered trademarks can stop infringement across the country. State registrations leave you vulnerable outside registering states. Maximizing the geographic scope of your rights requires USPTO registration.

Common Trademark Application Questions

1. How much does federal trademark registration cost? 

The USPTO filing fee per class of goods/services is currently between $250-$350. Hiring an attorney substantially increases overall costs but helps ensure a smooth application process. Additional USPTO fees apply for renewal and maintenance.

2. What are the steps for federal trademark registration?

The key steps include selecting your trademark type, searching for conflicting marks, preparing and filing your application, responding to any USPTO Office Actions, and ultimately achieving registration after examination.

3. How do I prove “first use” of my trademark? 

Evidentiary specimens like product tags and website screenshots showing real use in commerce should be submitted with the application. Declarations attesting to first use are also required. Consistently documenting use protects rights.

4. Should I conduct a trademark search first?

Yes, professional preliminary searches are highly recommended to assess conflicts. Search reports review potentially problematic marks and help determine if your trademark has a high likelihood of successful registration.

5. How long does the trademark registration process take?

The timeline greatly varies but 12-18 months is fairly standard for the entire process. Expedited examination can be requested for faster review. Prioritizing an application is wise for pending market launches.

6. Can I get a trademark in other countries?

Yes. You have to apply for the trademark in foreign countries according to their rules.  A trademark attorney can guide you through this process.

Locating a Trademark Attorney Near You 

For any business, pursuing trademark registration is a pivotal investment. It creates enforceable legal rights, enhances consumer trust, deters infringement, increases marketability, and emboldens your brand identity. With so many valuable benefits, registering your trademark should be a priority. Connect with a knowledgeable trademark attorney to safeguard your hard-earned business assets.

At Gearhart Law, we ensure that our client’s trademarks are protected and help you file your trademark. To consult our knowledgeable attorneys, call us at 908-273-0700 for your free consultation. 

The content herein is meant to be educational only and not to substitute for legal advice.  If you have a legal question please consult an attorney.

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About the Author
Richard Gearhart, Esq. is the founder of Gearhart Law and the host of a weekly radio show for entrepreneurs called “Passage to Profit”. He has built a firm with an international presence that helps entrepreneurs from around the world with their patent, trademark and copyright needs. Richard commands a breadth of experience that comes from nearly 30 years of practice in the writing and prosecution of hundreds of patents, and in all aspects of Intellectual Property law. In 2022, Richard was recognized by ROI New Jersey as a 2022 ROI Influencer in the Law List category for being one of the best of the best in New Jersey for intellectual property law. Gearhart Law emerged from Richard’s passion for entrepreneurship and startups and his belief that entrepreneurship grows the economy and creates jobs. When we started Gearhart Law, our goal was to help and support the new business ventures of 500 entrepreneurs and inventors. After 12 years, the firm has far surpassed this goal; today, we look forward to helping even more inventors and entrepreneurs get off to a great start and reach their own goals.