Starting out a business, you want to use a name that represents your brand well and that makes you distinct. However, when doing this, you need to understand that not all names can have the same level of trademark protection. In fact, your application for trademark protection may be refused in some cases.
The reason for this is because the legal strength of a trademark determines the level of protection it would carry. Before I go into explaining the different levels of legal strength that a trademark can carry, you should understand that registering your trademark through the United States Patent and Trademark Office (USPTO) means that you have exclusive rights to the usage of the name for the classes of goods or services that you register under.
The types of Trademark Registers
The legal strength determines whether your name can be registered on USPTO’s Principal Register or even the Supplemental Register. The Principal register is what most businesses want to be on. This is because it acknowledges that you have exclusive rights to the usage of the name in all 50 states. Names that are not descriptive would most likely end up on this register.
Having your name end up on the Supplemental Register is not a bad thing, but it shows that you’re not fully recognized as the exclusive owner of the name from the trademark perspective.
So, if you’re in a lawsuit over the infringement of your brand name, you would need to prove that you’re the recognized name in the industry. Having your business name in the Principal Register means that you’re the presumed owner of the name. This puts you in a good position if a lawsuit comes up in the future over your exclusive rights to the name.
Get Help with your Trademark
Jurado & Farshchian, P.L. works closely with its clients to ensure that you don’t have any problems during your application for trademark protection. Call us at (305) 921-0440 or send an email to [email protected]
or visit www.JFLawFirm.com
if you have any questions or concerns regarding the registration of your mark.