CopyMark Law Group

Copymark

Benefits of a Registered Trademark

A federal trademark registration gives you the ability to record your trademark with U.S. Customs and Border Protection.
Federal registration of your mark is not required, but it will enhance your rights. Using your trademark in commerce, with specific goods and services, establishes legal rights in the mark, known as “common-law” rights. However, those common-law rights may be limited. Depending on your situation, those rights might only cover a limited geographic area and it might be more difficult to enforce those rights than it would be if you have a federal registration.
Federal registration, however, can greatly enhance those rights. Specifically, federal registration of your trademark on the Principal Register provides the following advantages:

One

It gives you a legal presumption of the exclusive right to use your mark nationwide on or in connection with the goods and services identified in your registration. Federal registration will give you a presumption of rights throughout the United States and its territories.

Two

It creates a legal presumption that you are the owner of the mark. That’s a real advantage if you need to enforce your registration either in or out of court.

Three

it puts the public on notice that you are the owner of the mark. If there’s a question as to who owns the mark, it can be looked up in the USPTO’s online database.

Four

Being listed in the USPTO’s database means that others considering potential marks can find your mark when they search the USPTO database to see if their mark is available. The existence of your mark in the database can help others to avoid selecting a mark that is too similar to yours. In addition, the USPTO relies on the same database for its own search and will find your mark when examining someone else’s application. The USPTO will cite your registration against a confusingly similar mark in a later-filed application, preventing a potentially conflicting trademark from registering.

Five

A federal trademark registration gives you the ability to record your trademark with U.S. Customs and Border Protection. That agency will use your trademark registration to help prevent importation of infringing or counterfeit foreign goods.

Six

You have the right to bring legal action concerning the registered mark in federal court. It is your legal responsibility to police your trademark and to protect it from infringement.

Seven

You have the ability to use your U.S. trademark registration as a basis for applying for a trademark registration in many foreign countries. It’s a great benefit when your business takes off and you become a global phenomenon.

Eight

A federal trademark registration means that you have the right to use the coveted “R in the circle” symbol ® with your mark, something you cannot do unless your mark is federally registered. That symbol is typically placed on the right side of a mark and indicates that you have federally registered your trademark with the United States Patent and Trademark Office. It puts the public on notice that your mark is registered and that you have nationwide rights in it.