Registration gives you a presumption of ownership (See FLSTAT. §495.061). This means the starting point in any litigation will be that you own the mark and the other party has the burden of proving otherwise. Such presumption gives you the right to bring a lawsuit to:
What if I don't register? Do I still have rights in my mark? Yes, but you won't have any presumptive rights. This means you will be forced to plead ownership with substantial evidence under what's called the "Common Law" (See FLSTAT. §495.161). This means you won't have a statutory cause of action, but rather will have to file a lawsuit under Unfair Competition doctrines. As such, you will have to plead and prove that the infringer is in competition with you or that confusion as to the source of the goods or services exists. In contrast, if you are registered, you can get an injunction by merely showing a likelihood of injury to your business reputation or that continued infringement will dilute or diminish the strength of your mark (See FLSTAT. §495.151). In short, registration ensures more predictable outcomes and makes protecting your mark much easier and less expensive. |