Frequently Asked Questions
What are the benefits of trademark registration?
A federally registered trademark is a very valuable intellectual property asset. The government is essentially giving you exclusive rights to a name/slogan/logo and allowing you to exclude others from using it. The United States has two sections of the Federal Trademark Register: the Principal Register and the Supplemental Register. Most marks are registered on the Principal Register. The Supplemental Register is reserved for non-distinctive marks that are capable of acquiring distinctiveness.
Registering your mark on the Principal Register at the USPTO has many benefits:
- 1. A registered mark is prima facie evidence that you own the mark, and that you have exclusive rights to use the mark in commerce.
- 2. By registering your mark, you are essentially giving constructive notice to the public you have the right to use the mark throughout the United States.
- 3. A registered mark is prima facie evidence that the mark has been continuously used in commerce since the filing date of the application.
- 4. After five years of continuous use in commerce, your registered mark acquires "incontestability status," which means that the registration of the mark cannot be attacked on the basis of prior use or descriptiveness.
- 5. A registered mark ensures that you may sue for trademark infringement in federal court.
- 6. If you are successful in a trademark infringement case, you may receive increased statutory damages when you have a registered trademark.
- 7. With a registered trademark, you may use the power of the federal government to prevent the importation of goods that contain infringing marks.
- 8. You may also be entitled to certain rights under the Paris Convention.
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