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.
