Your Ace in the Hole

Registering your trademark before a dispute is like reaching across a poker table and taking the other player's ace right out of their hand.

In almost all non-criminal lawsuits, the plaintiff (enforcing side) must prove that it is more likely than not the that defendant (defending side) has violated their rights in some way.

In a typical trademark case between two unregistered trademarks, this means the plaintiff (enforcers) must prove that it is more likely than not that the defendant (thief) infringed on their trademark.

In plain English, this means you have to work hard to prove the infringer is stealing from you, and the infringer wins ties. That is the defender's ace, and is always their strongest card in a civil lawsuit.

Even in poker, you can defeat your opponent's ace by playing other strong cards. The same is true in trademark litigation. You can bring evidence that you used the mark first, such as your LLC founding documents or early marketing materials. Good cards for sure.

But wouldn't it be even better to take the opponent's ace midgame, and add it to your hand instead?

That is where trademark registration comes in. A registered trademark gives the owner the "presumption of ownership." This is huge.

In plain English, now instead of you working hard to prove the infringer is stealing from you, the infringer must work hard to prove that they are not stealing from you. And you win the ties.

In one move, you have taken the strongest card in the game directly from the hand of your opponents and into your own deck.