What are the benefits of federal trademark registration?
Constructive notice nationwide of the trademark owner’s claim; Evidence of ownership of the trademark; Jurisdiction of federal courts may be invoked. Registration can be used as a basis for obtaining registration in foreign countries. Registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods. • Do federal regulations govern the use of the designations “TM” or “SM”? No. Use of the symbols “TM” or “SM” (for trademark and service mark, respectively) may, however, be governed by local, state, or foreign laws and the laws of the pertinent jurisdiction must be consulted. These designations usually indicate that a party claims rights in the mark and are often used before a federal registration is issued. • When is it proper to use the federal registration symbol ®? The federal registration symbol may be used once the mark is actually registered in the U.S. Patent and Trademark Office.
1.Constructive notice nationwide of the trademark owner’s claim. 2.Evidence of ownership of the trademark. 3.Jurisdiction of federal courts may be invoked. 4.Registration can be used as a basis for obtaining registration in foreign countries. 5.Registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods.
There are several key benefits that arise from federally registering a mark compared to relying on common law to protect a mark. First, federal registration acts as a nationwide notice of the trademark owner’s claim; that is, there is simply more evidence proving ownership of a trademark. Next, the mark now falls under federal jurisdiction, meaning federal courts will now be invoked in disputes over the trademark. Also, the U.S. registration is a springboard for obtaining further protection in countries outside the U.S. by allowing federally registered trademark owners the ability to extend their protection through the “International Application”. Lastly, federal registration allows the trademark to be filed with the U.S. Customs Service to protect against the importation of trademark infringing foreign goods. For more information on intellectual property, please visit Patent, Trademark, Copyright Information.
Federal registration of a trademark has several advantages including notice to the public of the registrant’s claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration. Registration Provides the Following: 1. Constructive notice nationwide of the trademark owner’s claim. 2. Evidence of ownership of the trademark. 3. Jurisdiction of federal courts may be invoked. 4. Registration can be used as a basis for obtaining registration in foreign countries. 5. Registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods.
