What Are the Risks of Not Registering a Trademark?
Failing to register a trademark with the United States Patent and Trademark Office (USPTO) deprives the trademark owner of various rights and benefits not available at common law, including nationwide rather than local protection, diminished burden of proof for trademark infringement, public notice of the owner’s rights in the trademark, and an easier transition in seeking foreign registrations.
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Federal registration of a trademark in the U.S. can be vital to the value and stability of a mark, as failing to register a trademark with the USPTO means less protection. For example, registering a trademark with the USPTO results in nationwide protection for that mark, as opposed to relief afforded under local common-law, which is typically limited to the geographic area in which the mark is in use plus potentially a zone of foreseeable expansion. Federal registration also puts others on notice of the registered mark nationwide. Moreover, and importantly, registering a trademark diminishes the burden of proof for trademark infringement in that federal registration is prima facie evidence of the ownership and validity of the mark, both pre-requisites to trademark enforcement claims, and can allow for the recovery of statutory damages in the case of counterfeits of a registered mark. Finally, filing for federal trademark registration can provide priority in foreign trademark applications. These protections are valuable and can remain in effect indefinitely, provided the mark remains in use in commerce.
For more information, see our Trademark Registration and Maintenance and Trademark Services pages.
Klemchuk PLLC is a leading IP law firm based in Dallas, Texas, focusing on litigation, anti-counterfeiting, trademarks, patents, and business law. Our experienced attorneys assist clients in safeguarding innovation and expanding market share through strategic investments in intellectual property.
This article is provided for informational purposes only and does not constitute legal advice. For guidance on specific legal matters under federal, state, or local laws, please consult with our IP Lawyers.
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