Protect Your Brand With A Trademark Registration
Simply using your brand name in the marketplace does establish some trademark rights for the owner. A recent court decision, though, underscores how much more valuable a federal trademark registration…
Written by Spiegel & Utrera, P.A.
- Published
- April 8, 2015
- Updated
- August 11, 2026
Simply using your brand name in the marketplace does establish some trademark rights for the owner. A recent court decision, though, underscores how much more valuable a federal trademark registration is. In that case, because the brand owner never filed, their competitor was not only allowed to keep the trademark, but also to limit the original owner’s use of their own brand name.
The business that built the brand lost ground to a competitor simply because it never filed. Common law rights alone were not enough to protect it. A federal registration would have been.
What a Trademark Registration Protects
Filing for your trademark as soon as possible prevents competitors and others from registering your brand name out from under you. It saves you from the expense of future litigation and creates a real asset for your business.
Filing for your trademark will prevent others from using your brand name, saving you from the expense of litigation in the future.
A trademark registration also gives you concrete rights you do not get from common law use alone:
- The right to use the registered trademark symbol on your brand.
- The right to recover enhanced damages for infringement.
- A stronger position to deter competitors, cybersquatters, and others from infringing on your brand.
We Can Handle Your Trademark, Copyright, or Trade Dress
The law firm of Spiegel & Utrera, P.A. provides professional, quality service for processing your trademark, copyright, or trade dress order. We are happy to answer your questions about trademark registrations, trademark searches, common law searches, trade dress, and copyright. If you already know what you need, you can proceed directly to our secure online order forms.
Never hesitate to give us a call. Spiegel & Utrera, P.A. delivers the professional service and affordable prices our clients have come to expect.
This article is for general information only and is not legal advice, and reading it does not create an attorney-client relationship. Trademark rights and outcomes depend on the specific facts of each case. Contact Spiegel & Utrera, P.A. to discuss your situation.
