Marking Benefits Trademark Law Intellectual Property
What are the benefits of marking?
Marking provides certain procedural advantages to the owner when attempting to enforce the mark. You cannot obtain lost profits and damages, if you don’t use the notice. However, marking need not be made each and every time the mark is used. It need only be used in a fair representative number of cases.
Marking may also be important if you have a weak unregistered mark and you are attempting to build secondary meaning in your mark in order to get it registered. Similarly, if you have a very popular mark which is in danger of becoming generic, make sure you mark it. A trademark attorney can give you guidelines to enable you to balance your desire for protection with your desire to have goods and services “uncluttered” by all sorts of legalese.