Why Brand Registration is Important in the USA?
If you are a non-US resident incorporating a company in the United States, one of the key essentials is to get your brand registered. Brand registration offers comprehensive rights and legal protection against unauthorized use of your brand name. When you get your brand registered, it no longer remains just a name that helps identify your company, products, or services. It “legally” represents your business, acting as a unique identifier of your products and services.
So, simply having a brand name is not enough. Get it registered to have a wide range of benefits as discussed herewith.
Legal Protection
One of the primary reasons why you should register business name in USA is the legal representation and security it provides. It indicates that you exclusively own the brand name and have the right to use it. The registration certificate proves your ownership in the federal court. Additionally, you can use brand registration to file trademark protection in other countries.
Legal representation provides the right to file a lawsuit regarding the brand in federal court. It shows that the brand is registered with the United States Patent and Trademark Office (USPTO), deterring others from using the name or one that is too similar to yours. By legally registering your brand, you can record it with the U.S. Customs and Border Protection, preventing the import of goods using an infringing brand name.
Prevent Losses and Penalties
By registering the brand name, you can ensure it is not similar to other brand names already registered with the USPTO. This will help prevent hefty penalties or losses in lawsuits if you tend to infringe upon other brand names or trademarks. In the latter case, you may also need to give up all your profits and pay damages that the business has generated in a lack of legal brand registration.
Right to File an Infringement Lawsuit
When you have a registered brand name with the USPTO, it prevents others from copying it for business purposes. In case you find others using a brand name similar to yours, it is regarded as an infringement of your rights. Hence, you can file a lawsuit with the federal court and get compensation for all the profits the other party has earned using your brand name in an unauthorized way.
You can also sue them for damages in case of counterfeiting. This may relieve you from providing proof of actual damages to cover your losses or get a monetary reward. However, this process of filing an infringement lawsuit becomes difficult in a lack of USA business name registration.
Facilitates Business Expansion
With a registered brand name, it becomes easier for you to expand your business operations worldwide. You can apply for foreign brand registration, which allows protecting your brand name and trademarks globally when you plan to expand your business. International brand name/trademark registration for multiple countries is possible through the Madrid Protocol. It is an international treaty that enables you to file a single brand name/trademark registration application that will be applicable in any of the 100+ member countries.
However, the treaty only streamlines the process of applying for international registration; it does not guarantee that the brand name will get automatically registered in each member country. The individual trademark office in each country will review the application and determine whether it can be registered in their country.
Protect Your Federal Registration Rights Forever
Another benefit of registering your brand is it offers lifetime protection of your legal rights. That means you can continue using the brand name and using the associated legal rights in trade & commerce forever. However, to have lifetime brand registration rights, it is important to file necessary maintenance documents and fees, indicating that you are still using the brand name in commerce. This needs to be done in periodic intervals. For instance, USPTO requires you to file all maintenance documents after the brand has been registered for 5 years.
Conclusion
Registering your brand name in the U.S. may seem to be a daunting process, especially for non-U.S. residents. Consider hiring an experienced law firm who have proficient business attorneys, advisors, and marketing experts to help you with the process of brand registration and protecting your rights legally in the United States.
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