Question: What are the Benefits of Registering a Trademark or Service Mark?
A trademark or service mark is a designation of ownership of a "brand," using a symbol, words, device, or all three. The difference between a trademark and service mark depends on what it is used for: trademarks for physical goods, and service marks for services.
You do not have to register a trademark or service mark in order to use the "TM" or "SM" symbol and keep others from using your mark. But there are definite benefits from going through the registration process and obtaining a registered trademark or service mark.
Answer:
Among the benefits of going through the process of registering a trademark or service mark are:
- The registration symbol serves as constructive notice of your claim to its ownership. This principle makes it easier to defend your claim in a lawsuit.
- The symbol provides clear evidence that the word or phrase is not in the public domain but is owned and must be acknowledged.
- You may more easily get a case against a violator into the federal court if your trademark/service mark is registered.
- Registration may provide a basis for obtaining registration in other countries.
- Registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods.
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