Benefits of Federal Registration

Benefits of Federal Registration of a Trademark

  • Ownership is presumed.
  • The mark is presumed to be distinctive or inherently distinctive.
  • The Owner is entitled to use ® to indicate federal registration.
  • It is presumed to be valid.
  • It is presumed to have the exclusive right to use the mark in commerce throughout the U.S.
  • The validity of the mark can be made incontestable after 5 years.
  • It can be used against applications subsequently filed with the United States Patent & Trademark Office to register confusing similar marks.
  • It can be used to seek an order in Federal Court to seize the goods of an infringer without giving the infringer notice and an opportunity to be heard.
  • It can be used to seek a temporary restraining order in Federal Court against an infringer.
  • It can be used to apply for recordation with U.S. Customs and Border Protection to prevent the importation of infringing goods.
  • It can be used to bring federal criminal charges against traffickers in counterfeit goods.
  • It can be used to obtain trademark registration in foreign countries.
  • It is easy to find for search report.

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