Unfortunately, many people are still not convinced about the usefulness of having a registered trademark. In fact, it is possible that they would lose so much by not registering their trademark. It is true that trademark registration is more intended for the benefits of consumers, but it doesn’t mean that companies and inventors won’t get their own benefits as well. By obtaining a registration for your trademark, you will get a proof of the authenticity of your idea, concept and solution. They will be added into the database that can be viewed by everyone to let them know that you are the legal holder. Any third party who sees your trademark in the database may decide against adopting a similar trademark. The examining attorney will refuse the registration by citing your previous registration. Even if the registration is somehow allowed, you will be able to file an opposition based on your effective registration. In this case, your company as a trademark registrant will be able to bring specific infringement action in the federal court.
By having your trademark fully registered, it can be made incontestable and you will have a stronger position in any trademark litigation. The infringer will be prevented from succeeding in their application. Their application can be cancelled immediately and only with a registration, you are able to show the public that you are the legal holder of the trademark. No matter how long you have been using the trademark, you’ll be hamstrung in your effort to stop the infringer, if you don’t have the necessary federal trademark registration. It means that registration can be made as prima facie evidence of the ownership. You should be able to sue in the federal court as the judge may order an infringing party to cease and desist. The registration will make it much easier for you to police on the trademark and make all the necessary steps to ensure that the infringement doesn’t proceed.
In this case, an infringement occurs when a competing company or someone sells product or offers service under a specific trademark that is very similar in meaning, appearance and name with what your company is now using. An infringement always results confusion among loyal consumers as they are not clear about the origin and source of specific product. If you have a registered trademark, it will be much easier for you to notice knockoffs, because trademark attorneys and consumers will be able to report that. The registration will put you in a legal position that allows you to recover a maximum amount of damage in the courtroom. Enforcing a trademark will also be much easier to do if you have registered it. In many cases, the infringer will immediately stop doing their illegal acts before the legal proceeding begins and they may plea you to stop. They do this, because they are in a huge disadvantage in front of the judge and jury. You have the decision to stop the proceeding or continuing, so you can obtain the necessary monetary damage.