Investing in a trademark registration is becoming the only effective means for defending a brand online at relatively modest costs. Business owners who do not own federal registration for their trademarks are seeing their ability to protect their marks on the Internet shrink at the same time opportunities for misuse or infringement of trademarks are expanding. Ask any trademark attorney why one should obtain a federal registration for a trademark, and the response will likely include a host of benefits. They will espouse the benefits of nationwide priority for the trademark, presumptive validity recognized by the courts, the right to use the ® designation and peace of mind in knowing that the mark has at least been vetted by the registration process. Those advantages alone are worth securing a trademark registration. Not sold yet? Are you or your clients still sliding trademark registrations down on a list of other priorities? Read on.
The New Threats
Securing a trademark registration is now essential to cost effective protection of a brand on the Internet. As technology evolves, particularly as the Internet grows, new opportunities to use and misuse trademarks are surfacing. Internet entities like search engines, social media services and domain registrars offer their own policies and procedures to allow trademark owners to combat trademark misuse and trademark infringement. In most instances, having a registered trademark is the only means to take advantage of these policies and procedures, and even if not required, a registration significantly increases one's chances of defending a trademark. Current hotspots include...
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