In the United States, trademark rights are “common law” in nature, meaning that some trademark rights are acquired simply by selling goods and services designated by a particular mark in the U.S. However, there are significant benefits to registering trademarks with the U.S.Patent and Trademark Office (PTO).
Following is a summary of the benefits of and process for filing for trademark registration in the U.S.
Benefits of Registering Trademarks -
A federal trademark registration conveys the following benefits:
• Public notice of your claim of ownership of the mark;
• A legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration;
• The ability to bring an action concerning the mark in federal court;
• The use of the U.S. registration as a basis to obtain registration in foreign countries;
• The ability to record the U.S. registration with the U.S. Customs and Border Protection (CBP) Service to prevent importation of infringing foreign goods;
• The right to use the federal registration symbol ®;
• Listing in the United States Patent and Trademark Office’s online databases
• The ability to maintain the trademark registration for as long as the mark is in use; and
• The ability for the registration to obtain an “incontestable” status after five years of registration, which significantly restricts the grounds on which others can challenge registration...
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