Why You Should Trademark Your Domain Name

If you have read anything on trademarks at all, you will continually see a recommendation that getting a mark carries great benefits. Is this just a marketing pitch or does it make sense to file with the United States Patent and Trademark Office?

Filing a trademark is definitely a good move for just about any business. That being said, there are definitely some wild claims made by some of the file for $199 sites out there. Given this, lets look at the key tangible benefits that you will get by filing.

The first benefit is the registration creates a line in the sand when it comes to timing issues. A successful mark is considered to give constructive notice to all other parties that the owner of the mark has the right to use it on or with the goods and or services listed in the filing anywhere in the United States. This also conveys the right to stop any later users from infringing on the mark.

The registration with the Patent and Trademark Office also carries a second benefit. It creates a prima facie inference that the mark is valid and that the mark has been so used in commerce during its term. This shifts the burden of proof on validity to the opposing party in any trial over the merits of the mark, a major legal advantage.

A registration really confers a huge benefit once the five year mark has passed since its registration. How so? Once that magic date is hit, the mark becomes incontestable. It cannot be attacked on its validity, a prior use claim or whether it is only a descriptive mark. This effectively slams shut the door on many of the potential claims of the opposing party.

If you are required to file a lawsuit against a party for infringement, the fact you filed for the mark conveys huge benefits on you. The major advantage is you can recover the attorney fees incurred in the prosecution of the claim. If you can show the other party willfully infringed on your mark, you can be awarded treble damages against them.

There are other benefits that come with trademark filings, but these are the key ones. Together, they give you a huge legal advantage over other parties, something that cannot be undervalued in the current economic climate.