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Under U.S. law, a “common law trademark” is generally established when someone uses a company name, logo or slogan in commerce, even if it is not registered. So, why pay to register a trademark when a common law trademark may already exist? Common law rights ordinarily are limited to the geographic area where the mark is used as opposed to the nationwide protection customarily obtained when a mark is registered with the USPTO. So, unless registered, the use of a mark can be geographically limited, which hampers the ability to expand the brand. On the other hand, a person using a mark in a limited geographic area could be boxed in by someone else who offensively registers a similar mark. In addition, registration of a trademark can give the person holding the registered trademark a leg up in court as to the validity of the mark and the date of usage in later trademark infringement litigation, if it comes to that. There are also favorable remedies available to registered trademark owners in the event of litigation. Finally, once a trademark is accepted by the USPTO, it will be maintained in the USPTO database, which can discourage others from using the mark in the future. Future companies should be on notice that the mark is already spoken for, which should in turn help avoid at least some disputes.

Much like how the availability of a corporate name in a given state does not necessarily provide superior trademark rights to use the name in commerce, the availability of the domain name is not an indication either. A company could have a trademark name on a product or service, but not have acquired the domain name.

The availability of the domain name should be one part of a comprehensive search, which Custom Trademark Agency offers, to help evaluate the strength of a brand name or slogan and the likelihood of a trademark being approved.Using a domain name as part of a brand that sells goods or services may establish common law trademark rights. A “common law” trademark can be established when a name, logo or slogan is used in commerce, even if it is not registered. Common law rights, however, are limited to the geographic area where the mark is actually used as opposed to the nationwide protection typically established by registration of a mark with the USPTO.

The geographic limitations of an unregistered mark can make it difficult to expand a business. On the other hand, a person using a mark in a limited geographic area could be boxed in by someone else who offensively registers a similar mark. In addition, registration of a trademark customarily gives the person holding the registered trademark a leg up in court as to the validity of the mark and the date of usage in later trademark infringement litigation, if it comes to that. There are also favorable remedies available to registered trademark owners in the event of litigation. Finally, once a trademark is accepted by the USPTO, it should be maintained in the USPTO database, which can discourage others from using the mark in the future. Future companies should be on notice that the mark is already spoken for, which should in turn help avoid at least some disputes.

General benefits to registering a mark:

• Nationwide protection
• Presumed right to the exclusive use of the mark nationwide
• Presumed validity of the mark in a lawsuit
• Additional remedies in court
• May increase the value of the company
• You can record the mark with the U.S. Customs and Border Protection, which may help stop importation of infringing or counterfeit goods into the U.S.
• The right to use the ® symbol

If investing heavily in a marketing campaign with a slogan, a company might consider registering a slogan as well. Short catch phrases or sayings that are sold as part of merchandise (like shirts or hats) can also be registered. The same rules apply that are applicable to picking and registering a company name. Namely, the slogan should be inherently distinctive and creative or have developed a secondary meaning. In other words, “really good pizza” probably can’t be trademarked unless that saying has become so famous that most consumers associate it with a certain pizza brand.

The whole process will usually take anywhere from 5 to 10 minutes on the Custom Trademark Agency. For a typical application, be prepared to provide at least the following:

• The actual mark you want to use.
• The full legal name and address of the owner of the mark.
• A copy of the specimen which is an example that shows you are using the mark in commerce. This could be a picture of your product or a website advertising your service.
• A category of the goods or services where you are using your mark from our drop down menu and a description of your goods or services.
• The date you first used the mark in commerce and the date you first shared the mark anywhere.