As experienced Los Angeles business attorneys, we want to make business owners aware of what you should know if you have registered your company’s trademark with the USPTO (United States Patent and Trademark Office). You may believe this is the end of it, that your name and/or logo is now protected – nothing could be further from the truth. At the point that you have registered your company’s trademark is when you need to have your business lawyer become more involved.
Business owners enjoy numerous benefits by registering the company on the Federal Principal Register; however, the enforcement of the “rights” you enjoy are largely up to yourself and your Los Angeles business lawyer, who will help you “police” the mark so that others don’t infringe. Some of the advantages your company will enjoy through registration on the FPR include:
- You will have a basis in foreign countries should you desire to obtain registration
- If another company infringes on your mark, name, or logo, you have the ability to file a lawsuit requesting the person/business to stop; they will also pay for any damages that result due to their unauthorized use of your trademark
- Others will receive notice of your company’s ownership of the mark
- A legal presumption is created that the mark is your company’s to use exclusively in regards to specific services and/or goods listed in the trademark registration, and that you own the mark
While the USPTO examining attorney generally works to prevent other companies or individuals from obtaining federal registration of a mark that is the same as your company’s or one that is similar in a way that would be confusing to consumers, ultimately it is up to the business owner to take administrative action if or when you learn that someone else is currently infringing on your trademark, or trying to register a mark the same as or “confusingly similar” to your own.
Essentially, it is up to you and your Los Angeles trademark attorney to ensure that your trademark is properly maintained after being registered with the USPTO. Contact the Law Office of Spotora & Associates today with any questions you may have about trademarks and registering with the USPTO.
Leave a Reply
You must be logged in to post a comment.