What is my obligation as a mark owner?

The primary obligation of a mark owner is to take action against all infringers, no matter how unimportant a particualr instance of infringement may seem. Protection of the mark cannot be selective. In order to ensure equitable justice in cases of infringement, the owner must be consistent in asserting the rights of ownership. If action is not consistent, or not taken in a reasonable amount of time, the owner may be deemed to have waived the right to enforce trademark rights.

What are the benefits of having a registered mark?

A registered mark can help a business establish and symbolize its good will, which is very important in a highly competitive market. The mark may distinguish the firm's product or service and assure customers that the firm stands behind the product or service. A registered mark aids in packaging and advertising, promotion and consumer recognition. A mark can also help the firm encourage customer loyalty if the mark signifies quality.

Owning a registered mark may protect a firm from infringement of its mark by a competitor. The owner of a registered mark should take action against infringers to ensure that the firm benefits from the time and money put into good will and advertising. The act prohibits unauthorized use of a registered mark and provides some remedies. A primary concern in infringement cases is the date of first use. While infringement protection also falls under common law rights, having a mark registered is one way to record the date of first use and provide notice of claim of ownership. Owning a registered mark may also protect the firm from dilution, and provides some remedies. A registered mark can also be used as evidence in court as proof of registrant's right to use the mark in connection with the goods or services specified.