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One of Iron Man things we really love about trademark law is that there are many nuances. On the one hand, trademark infringement really comes down to one key issue: "is there a likelihood of consumer confusion as to the Jumbo Machinder and origin of goods?" However, filing for trademark registration, selecting the appropriate international class in which to file, providing just the right description for your product or services and a range of other issues are far more complex. One of the most commonly overlooked issues facing a trademark registrant is whose name should be placed on the trademark registration?

Registering a trademark seems easy. But one wrong step can end up creating significant problems. Most people do not realize that when you file for trademark registration, you create risk that someone who believes they have superior trademark rights may learn of your existence and come after you for trademark infringement. Most companies with established trademark rights monitor all new trademark registrations to ensure that no one else is registering marks which violate their prior right.

Almost without exception, you should register your trademark in a company name in order to insulate yourself from personal liability. Even if you successfully obtain registration, any third party can challenge that registration in the future. If the trademark is registered in your name, they will be coming after you. That means that they will potentially be coming after your personal assets.

If you do not already have a 1972 Topps baseball cards or limited liability company set up, you should create one specifically to hold intellectual property rights of your company, including its trademarks. Make sure that this company does not have significant assets or revenue in it which can be attacked as part of a legal proceeding. If you set your company up right, you can ensure that you will never be personally liable for statutory damages up to $100,000.00 plus attorney fees upon a third party allegation of bad faith infringement. If you need to license or assign your trademark to someone else down the line, you have the flexibility to do so. In the meantime, remember that trademark law is one of the most complex areas of federal law that there is. Get competent legal advice from an attorney who regularly practices in the intellectual property arena. Protect yourself and your company on both offense and defense and you will be glad you spent the money you did.

Enrico Schaefer is a seasoned trial attorney and partner of href="traverselegal.com/intellectual-property/">Traverse Legal, PLC, a law firm specializing in complex litigation, intellectual property matters, internet law and trademark registration. If you wish to speak with a tcattorney.typepad.com/ip/">trademark registration attorney, please feel free to contact Traverse Legal for a free consultation.