LIFE IS RISK.
CONTROL WHAT YOU CAN.
Resonate IP assists brand owners in navigating and obtaining enforceable trademark rights in the United States. Trademark registration is imperative to any business, whether large or small, to secure consumer goodwill and build brand equity.
Without question, the preferred route to obtain enforceable rights is to acquire a federal trademark registration with the United States Patent and Trademark Office (USPTO). The benefits of federal registration include:
Intent-to-Use (ITU) applications allow brands to start the application process before launch and obtain constructive use rights as of the application filing date. This gives brand owners a significant advantage over their competition and mitigates potential risk before marketplace entry, especially when paired with early clearance searching.
A federal trademark grants the owner the presumptive right to use and enforce its mark anywhere in the United States as of the application filing date. This provides brand owners the confidence to expand into new markets knowing that their trademark is presumptively valid and enforceable in every state and territory of the United States.
Federal trademarks and applications are available on the USPTO website and provide constructive notice to potential infringers of the liability associated with using the same or similar mark.
Owners of federal trademarks can enforce their rights in federal court and recover enhanced damages if trademark infringement is shown to be willful.
Federal trademarks become “incontestable” after being registered for five years and establish ownership in the name of the trademark holder. Once this threshold is reached, businesses with earlier unregistered (aka marketplace) rights will be barred from challenging an incontestable registration.
AMAZON BRAND REGISTRY.
The Amazon Brand Registry allows brand owners to monitor, report, and proactively prevent infringement. The Amazon Brand Registry offers a suite of services that allows for increased brand promotion and sales optimization on the Amazon sales platform.