A trademark registration on the Principal Register of the us Patent and Trademark Office (USPTO) affords the owner several benefits under federal trademark law. Lawyers know them and clients have heard about them. However, practically speaking, business owners, especially those operating in today’s online world, got to know why they ought to spend the time, effort, and money to get a federal registration. While a standard law trademark may offer some leverage and/or additional protection within the below described situations, a federal trademark registration is way superior and certain to strengthen your position.
This is an inventory of the highest five situations where a federal trademark registration would be extremely helpful. It should assist any business owner when doing a cost/benefit analysis regarding trademark registration and protection.
Unauthorized name Registration and/or Use
You have just did not renew the name like the brand of products or services you sell. within the alternative, a 3rd party has pirated the name , a 3rd party is cybersquatting on the name or one that’s confusingly similar, or a former employee has absconded with the name . While a conversion claim could also be available, cybersquatting laws under the Anti-cybersquatting Consumer Protection Act (ACPA) or arbitration through the Uniform Dispute Resolution Policy (UDRP) favor owners with a trademark registration.
Unlawful Online Keyword Advertising
You notice, or someone alerts you to the very fact , that once you type your brand into an enquiry engine, sponsored advertisements containing your business name or brand appear within the heading and/or text of the web advertisements. Someone has bid on your brand as a keyword. While many of the varied search engines, like Google®, have implemented processes for remedying such a drag , a federal trademark registration is typically required. Moreover, more extensive remedies for trademark infringement or dilution under the Lanham Act are available to federal trademark registrations.
Prohibited Use on an Auction Website
Counterfeit products displaying your brand are being auctioned and sold online at websites like eBay® without your permission. Having a federal trademark registration not only allows you to profit from the web site operator’s internal controls and processes for handling these situations, which can include removing the auctioned items. you furthermore may have additional leverage against the provider of the products themselves (not to say additional claims for damages) with a federal trademark registration.
Unauthorized Use on an internet site
You discover that buyers are purchasing the branded products you sell from another, mistakenly believing that you simply are the source of the products. Trademark infringement, which occurs when a 3rd party uses your mark to make a likelihood of consumer confusion on the source of the products or services so as to profit, occurs on the web the maximum amount , if less , than it does within the brick-and-mortar world. the advantages of constructive notice, the supply to sue in court , and therefore the presumptions of validity and ownership that accompany a federal trademark registration will enhance your position. Moreover, having the ability to use exposure to $100,000 statutory damages as leverage is additionally helpful.