Should I Trademark My Brand Name

Brand name is something by which a product or a company is identified with and this has significant importance in marketing a product or a service.

It is not necessary to register the trademark with any federal organization. One can establish rights on a mark based on the legitimate use of the same. However, there are certain advantages of registering a brand name. In case of federal registration, anybody, who wants a brand name or symbol to become a trademark name, has to register the same with the United States Patent and Trademark Office or USPTO. Once the brand name gets registered, a public notice is issued informing the registrant’s claim of ownership of the mark. This notice serves as evidence in case of any legal proceedings connected with trademark law violation. Once registered, the owner owns the countrywide rights to use the name in any connection related to manufacturing or selling of goods or services. The same registration can be used as a basis for obtaining registration in foreign countries or can be filed with the US Customs Service to prevent importation of infringing foreign goods. Federal registration of brand name with USPTO also provides the ability to bring an action concerning the mark in federal court.

Anybody can apply for a registered trademark. However, the application process for a trademark registration is a bit tricky where the applicant is responsible for complying with all the procedural and regulatory issues. Hence, it is always better to seek the help of a professional attorney specialized in trademark law.