There are several different kinds of intellectual property protection available to creators and businesses. Trademarks are one form of potential intellectual property protection.
Trademarks allow a company to control the use of an image, symbol, word, phrase or logo (or any combination of those things) intended to represent its brand. This is how companies often distinguish their goods and services from others — so that customers can identify the sources they trust for what they want to purchase.
Common law trademark rights are not enough
In the United States, trademark rights can be established through actual use in commerce, even without formal registration. This is known as “common law” trademark rights.
The key advantage of this is that automatic rights are acquired as soon as the mark is first used in commerce, and this can serve as a foundation for opposing the registration of a similar mark by another company before formal registration is acquired. However, protection acquired this way is usually limited to a specific geographic area and the trademark’s owner has the burden of proof of their prior use of the mark if a dispute arises.
Formal registration of a trademark with the United States Patent and Trademark Office offers much stronger protection. Not only does it provide nationwide protection for the trademark’s use, but registration serves as public notice to others that can potentially deter infringement. In addition, registration can serve as a stepping stone for obtaining trademark protection in other countries, which is increasingly important due to the rise of global commerce.
Finally, in the event of trademark infringement, registration offers unambiguous proof of ownership, which can make it easier to enforce cease-and-desist orders and obtain judgments for any damages in court.
Enforcing trademark protections and protecting intellectual property often requires a degree of professional support. Learning more about registration and enforcement rules with the assistance of a skilled legal team can be beneficial for anyone invested in original creative works. Contact the trademark lawyers at Hayes Scott to inquire whether your company can secure this protection for your marks.