Trademark Registration

Trademark registration

To prevent trademark infringement by other businesses, trademarks must be registered. By registering your trademark, you may establish ownership of it and utilise the registration as legal evidence of the mark’s validity in court.

Our lawyers are devoted to vigorously and effectively protecting our clients’ intellectual property rights if such a conflict should occur. Due to the complexity of trademark infringement matters, our lawyers do all in their power to reach a timely resolution for the sake of their clients’ time and money. Gertner, Mandel & Peslak intellectual property lawyers have experience in trademark infringement cases and trademark registration.

If you keep using your trademark in commerce and provide us proof of that usage, your trademark registration will remain active indefinitely. In particular, you must submit upkeep paperwork together with payment at predetermined periods.

For instance, when your trademark has been registered for five years, you must submit maintenance paperwork. You will lose your federal registration and have to reapply if you don’t keep your trademark registration current at these periods.

The benefits of trademark registration –

• In our database of registered and pending trademarks, the trademark is included. This gives anyone looking for comparable trademarks public notice. They will be able to view your trademark, the products and services listed on your registration, the dates you applied for and your trademark was registered.
• You are presumed to be the trademark owner and to be authorised to use the trademark. Your registration certificate therefore serves as ownership proof in federal court, negating the necessity for voluminous documentation.
• Can use your registration as justification when requesting trademark protection in another country.
• Right to file a case in federal court about the trademark.
• You may display that your brand is registered with us by including the federal trademark registration symbol, ®, with it.
• The use of your trademark or one that is too similar to yours may be discouraged as a result.

You can submit a state, federal, or worldwide trademark registration application or depend on common law rights.

●     Normative rights

Your trademark protection is only predicated on using your trademark in commerce within a certain geographic region if you haven’t applied for state or federal registration. This restricts your options since you can only exploit your trademark rights in the particular context in which they are being used.

●     Registration of state trademarks

By filing a trademark registration with your U.S. state, you only provide yourself rights there. If you move your company over state lines into a place where your trademark is not registered, your trademark is not protected. If you choose to grow your company over state boundaries, you must determine whether to register your trademark there or at the federal level. Additionally, not all states have databases for trademark registration, so others won’t be aware of your rights in that property. You must take steps to stop unauthorised use of your trademark. Check out more details about state registration requirements.