A trademark is something that your company is known for. It can be a symbol or words that are part of your company’s image. While it isn’t required for you to register your business’ trademarks, it’s a good idea to do so.
One of the most important reasons to register the trademark is so you have legal options to fall back on if you find out that another company is using your trademark. This is considerably more difficult if you don’t have it registered.
Some companies need more than a single registration
Businesses in New York can use two different registrations for their trademarks. One of these is through the United States Patent and Trademark office. This provides you with a federally recognized trademark.
You can also apply for a New York trademark registration through the Department of State. This trademark protection applies only in New York.
Companies that have offices internationally can register their trademark in various countries. Under the Madrid Protocol, a single application can be used for over 100 member countries. It’s up to each country that’s a member to determine if the trademark will be issued there.
None of these registering entities are enforcement agencies. If you find that your trademark is being used without your consent, you’ll have to be the one to take legal action.
Problems stem from failing to register
It’s possible that you can have a trademark for your business without having to register it. This is known as common law use. If you find that someone else is using the trademark, you can turn to the courts to rectify the situation. The issue with this is that you’re going to need to show that the trademark was your property and that you created it before the other company. This can be a challenge.
Making sure you take the steps necessary to protect your company’s intellectual property is important. Working with someone familiar with this area of law can help you to ensure you’re covering everything. They can also help you to address any issues that creep up with the trademark.