You’ve picked the perfect name for your business, designed a great logo, and started using them everywhere. That means you own the trademark, right? Well, yes and no. While using your trademark does give you some rights, relying solely on “common law” rights might leave your brand more vulnerable than you’d like.
The Power of Use
In the United States, trademark rights begin the moment you start using your mark in commerce. These “common law” rights can provide some protection within your geographic area and specific industry. They’re automatic and free – which sounds great! But before you decide to skip registration, consider what you might be missing.
Why Common Law Rights Might Not Be Enough:
- Limited Geographic Protection
- Your rights only extend to areas where you actively conduct business
- Someone across the country could start using your mark legally
- Harder to Enforce
- You’ll need to prove when you started using the mark
- Courts may restrict your protection to your specific locale
- Fewer Legal Remedies
- No access to federal courts for infringement cases
- Limited damages in legal disputes
- No automatic nationwide rights
The Registration Advantage
Think of trademark registration as upgrading from a basic security system to premium protection. Registration provides:
- Nationwide notice of your trademark ownership
- Constructive use nationwide
- Legal presumption of ownership and validity
- The right to use the ® symbol
- Ability to register with U.S. Customs to block counterfeit imports
- Access to federal courts and statutory damages
Making the Right Choice
While common law rights are better than no rights at all, they’re often just a starting point. If you’re serious about building a lasting brand, federal registration is usually worth the investment. It’s like insurance for your brand identity – you hope you never need it, but you’ll be grateful to have it if problems arise.
Want to learn more about protecting your brand? Contact us at (888) 666-0062 or schedule a consultation online to discuss your trademark strategy.
DISCLAIMER: The information contained in this article is for informational purposes only and is not legal advice or a substitute for obtaining legal advice from an attorney.
