Does a Trademark Legally Protect your Brand?

Introduction

We all know that registering a trademark is a good idea, but we also know that it can be confusing and expensive. So let’s cut to the chase: does registering a trademark legally protect your brand? In short, yes. You will not have full legal protection for your brand unless you register your trademark with the U.S. Patent and Trademark Office (PTO). But there are some important caveats to keep in mind before diving into the process of registering your mark—and those details should help you decide whether or not it's right for you.

Registering a Trademark Ensures Protection

Registering a trademark is the only way to make sure that no one copies your logo, brand name, or slogan. If someone else uses your brand without permission and without paying you for it, you could lose valuable customers and market share. Registering your trademark helps prevent this from happening because it gives you legal ownership over the name of your business.

Protection by USPTO

If someone infringes on your registered trademark, the U.S. Patent and Trademark Office will help you stop them by sending a cease and desist letter. They may also file a lawsuit against the infringer for damages.

Protection from Infringement

Registering your trademark provides a number of benefits, including the ability to prevent others from using similar marks. Trademark registration gives you exclusive rights to use the mark and gives you the right to sue for infringement. However, it is not necessary to register a trademark in order for it to be valid. A trademark can exist without being registered with the U.S. Patent and Trademark Office (USPTO).

Takeaway

Trademark protection is vital for every business. Trademarks legally protect your brand and its goodwill, prevent confusion in the marketplace, and help you maintain control of how your brand is perceived. If a trademark isn't registered with the United States Patent and Trademark Office (USPTO), it's still possible to enforce your rights against infringement through common law trademark protection.

Conclusion

A registered trademark is the most effective way to protect your business from infringement. Registering your trademark allows you to use the symbol ® to indicate that it's legally protected, and it gives you more legal options if someone infringes on it. Without registration, though, you can still enforce your rights through common-law trademark protection by taking action against any company who uses an infringing mark in a way that confuses consumers or damages your brand reputation.