Business counsel are aware of the value of brand recognition and the exclusivity it creates in the marketplace. Since a good trademark can serve as a clear designation of the source of a product or service, the value of a trademark can be immense. Registering a trademark can add significantly to its value to the business. So, if a company holds a valuable trademark and in-house counsel wants to protect it, what are the next steps?
Why bother to register a trademark? In the United States, businesses acquire trademark rights by use. Securing a U.S. trademark registration enhances and expands those rights. A federal trademark registration provides nationwide constructive notice of the owner’s trademark rights. The common-law trademark rights that arise automatically with use generally are effective only in limited market areas and do not provide the nationwide reach that comes with a federal trademark registration.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
