Under U.S. Trademark laws, a company may have trademark rights through the use of a mark without registration, but such rights are limited. Federal registration provides additional benefits not available with simple use, such as the presumptive validity of the mark, presumptive ownership of the mark and presumptive nationwide rights to the mark. Federal registration also provides the public with notice of your rights that can serve to warn potential infringers and bestows upon the owner with the right to use the ® registration symbol. As such, federal registration is a must to protect the value of your company.
In addition, most foreign countries' trademark laws recognize the first person or entity to file a trademark application as holding superior trademark rights. The resulting race to the trademark office makes it imperative for companies to protect their marks through registration in any country in which it sells, intend to sells, manufactures or distributes products or services, before someone else does.
Markery Law works with an established network of trusted foreign counsel to help its clients protect and enforce their brands around the world. We counsel companies to determine the most cost effective strategy to provide the best trademark protection for their businesses.