10 Reasons To Register Your Brand Name or Logo If you are starting a business, it may be a good idea to pursue a trademark. Here are some reasons why: Trademarks are a part of your most valuable business assets. Trademarks are your company’s intellectual property and can be given a value separate and distinct from other assets in your company. For example, the Coca-Cola® trademark alone is purportedly valued at $70 billion, and does not include other assets such as trucks, manufacturing and bottling facilities — just the Coke® brand. The value of a registered trademark may be listed as a line item asset for companies seeking to attract potential investors or obtain financing. You don’t have to be as big as Coca-Cola to want to trademark your brand name or logo – you just need to want to protect your work. A properly filed federally registered trademark grants you a priority claim of ownership to the mark throughout the United States. You can even register abroad. A registered trademark provides constructive notice to prospective users and potential infringers of your claim of ownership to the mark. In the event of a dispute concerning rights to use a particular mark, the registered trademark owner will have the benefit of the doubt against a non-registered user of the same mark for similar or related products. Protect your hard work – register your name. If anyone does use or infringe upon your registered trademark, you are entitled to seek redress in federal court. As a registered trademark owner, you can bring suit in federal court for trademark infringement and prohibit others from using your mark in commerce in a manner that causes confusion with the registered trademark. Note that trademark owners may seek three times their actual damages suffered as a result of the infringement (triple damages). If you want to protect your brand internationally, you must first register your mark with the USPTO. Upon filing your application, the USPTO assigns your mark a serial number (or a registration number, once registered). This number is used to submit an international trademark application under the Madrid Protocol System for International Trademark Registration. Registered trademarks may be filed with the U.S. Customs Service to prohibit the importation of infringing foreign goods that may bear your mark or something similar (“knock-offs”). Many illegal imports attempt to trade off the established brand value of famous or well-known marks. Trademark registrations may be placed on record with the Customs Service so infringing products entering the country may be flagged, seized and possibly destroyed. Protect your name from being used by others – make sure that all potential consumers or clients know who you are and what you do. Show your customers and clients that you are a force to be reckoned with – having your mark registered gives you authority and gravitas. Build your brand and allow your name to be easily identified and distinguished in the marketplace. Choose your brand name wisely. It is the means by which consumers will recognize and ultimately purchase what you are selling, whether it’s cars or canned fruit. Select a name that is unique, memorable and that stands out in the minds of your target customers. Call the Legal Team at de la Riva & Associates to consult with you about your brand name or logo to see if you are a good candidate for a trademark application.

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