BENEFITS OF REGISTERING A FEDERAL TRADEMARK by ResearchCopyright.com

Why should you go through the trouble of registering your trademark? It costs upwards of $300, and even then it's not guaranteed that you will even be awarded the use of your chosen mark when it is all said and done, what's in it for you?

There is a lot in it for you. Many benefits, but not many of them are easily seen on the surface, and if you are lucky you will not have to use any of them, but, if you need them, they are there in case you need them.

While you do not have to register your chosen trademark, there are benefits, such as maintaining the legal right to bring trademark infringement lawsuits to court to litigate against those who would use a mark similar to yours or to otherwise try to cause confusion in the marketplace by releasing a product or service similar to yours with a mark that is also similar to yours with the intent of confusing buyers. However, this does not always work. Apple Inc, and Apple Corps Ltd., (the record label created by The Beatles) have been in an almost constant legal battle over their names and the fact that both companies use an apple as their corporate logo.

Registration with the USPTO allows you also to register your trademark in foreign countries. Under the "Madrid Protocol," the trademark owner can register a trademark in other countries by using a single, English-language application. Over 70 countries participate this the Madrid Protocol. The single form is simple to complete. Even if you do not intend to branch into overseas commerce, it is still a good idea to receive international trademark protection.

You can also file your trademark with the US Customs and Border Protection Service (http://www.cbp.gov/ ). This government branch prevents foreign competitors from importing goods with your trademark on them (if you did not authorize the foreign company to use your trademark). For example, if you manufacturer your products in Canada and you have a registered trademark for these products, then goods shipped from another country with your trademark on them is considered unauthorized pirated versions.

Other than the above situations, you have the exclusive right to use your trademark nationwide, or worldwide, if you file the Madrid Protocol form, for goods and services. You can also license trademarks to third parties, just as you can do with patents and copyrights which you own.

Registering a trademark does not mean the USPTO automatically awards you a trademark to use immediately. There is a waiting process. The Trademark Office does recommends checking your application's process at the Trademark Office at least once every 4 months. The application process can take several years, although average turnaround time range from 8-24 months. File for trademark protection as soon as possible. Once the USTPO approves your application, you may use the ® symbol.

Once a trademark is approved, you may use it for an unlimited length of time, as long as you file renewals during the fifth and sixth years; between the ninth and tenth years, and then again for every ten years afterward, you must renew your trademark.

If let your trademark registration lapses, you will have to reapply for trademark protection if you want to maintain the same level of protection you had while it was active.