Registering a trademark with the United States Patent & Trademark Office is not required to establish rights in a mark. However, owning a federal trademark registration offers greater legal protection, deters third party’s from using a confusingly similar mark, and increases remedies for infringement.
More specifically, a registered trademark provides the following advantages:
- constructive notice to the public of the registrant’s claim of ownership of the mark;
- a legal presumption of the registrant’s ownership of the mark and the registrant’s exclusive right to use the mark nationwide on or in connection with the goods and/or 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; and
- the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods.
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