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Reasons to Obtain Trademark Registration


There are many different reasons why a trademark registration is essential for almost all companies or entrepreneurs to pursue. It gives special and legally recognized rights as a company, protects the trademark for unauthorized copycats, prevents others from using it whether knowingly or unknowingly, allows the trademark owner to sue or recover damages in the case of infringement and for other such similar reasons is today more and more in the industry becoming something ubiquitous and universal.

There are innumerable advantages to registering a trademark and utilizing the services. Registering a trademark heightens the protection it receives and deters others from using a registered trademark. It increases the remedies if someone should infringe upon the trademark it increases the likelihood of receiving all of the benefits discussed below.

• Trademark Search: Before registering, your attorney will make sure that a thorough trademark search is done. While you can do this on your own, it is typically much more involved than people realize.

• Printing Costs: If you don't register and you find out later that another company already has the same or a very similar name, you will have to redo all of your business cards, stationery, advertising, and signs. If you already have registered a domain name, you will have to change that as well.

• Lost Customers: If you have to change your business name because you later find out that someone else is already using it, you could confuse and lose your customers.

• Exclusive Use: Registering your mark gives you the exclusive right to use it within the relevant geographic area.

• Option to Expand: You could lose the right to expand outside the original business area if you do not register.

• Presumption of Ownership: Anyone else who uses your registered mark will be presumed to be a willful infringer, and you could be entitled to monetary damages as a result of the infringement.

• State Law Protection: Some states' laws provide additional protection in an infringement action if the mark is registered with the state.

• Federal Protection: Federal registration serves as constructive notice to the rest of the country that you are the owner of the mark, even if you do not yet do business nationally.

• Liability to Registered Owner: If you do not register and there happens to be a registered owner of the same or a substantially similar mark, that owner will have an indefinite period of time to find you and sue you for infringement.

• Money, Money, and More Money: If you have infringed on someone else's name or mark, you may be ordered to rename your company immediately; give up all profits earned by the use of the unregistered mark; and pay other damages, including punitive damages, fines, and attorneys' fees.

Benefits of Obtaining Registration

On registration of the mark, the R symbol can be used next to the mark to put the public on notice that the mark is a registered trademark. For the trademark legal protection will be valid for a period of ten years. Renewal of the trademark can be done before expiry without any penalty for a further ten years by the owner.

In case of infringement of a registered trademark, the trademark owner can get legal remedy. A Court may grant relief for trademark infringement or for passing off (eg: counterfeit goods). Trademark infringement relief can be provided through an injunction, damages or an account of profits, together with or without any order for the deliver-up of the infringing labels and marks for destruction or erasure.

For further more information related to trademark registrationform, the procedure of registering a trademark, documents required for trademark registration, you can call us at 8788091087. Our experts are available here to advise you the best in the matter of register logo. You can also send your query on Email: info@herambindia.com. Visit our website: Herambindia and through the Trademark search, you can protect yourself from the matter of Trademark infringement.


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