Benefits of Federally Registered Trademarks

August 1, 2011

Obtaining federal trademark protection for your mark is not required, however, a federal trademark registration has substantial benefits, including:

  • A legal presumption of validity of the mark, ownership of the mark, and the exclusive right to use the mark;
  • Constructive use as of the filing date of the application;
  • The ability to bring an action concerning the mark in federal court;
  • The ability to obtain registration in foreign countries based upon the U.S. registration;
  • The ability to prevent the importation of infringing goods into the U.S.; 
  • The right to use the federal registration symbol ®; and
  • Listing in the United States Patent and Trademark Office’s online databases.

In addition, federal trademark registrations can add significant value to a business and may also provide the basis for a licensing or franchising campaign.  For all these reasons, business owners should periodically review their marks and assess whether federal registration is appropriate.

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