What Are The Benefits of Trademark Registration?

There are a number of benefits of registration. In the United States, these benefits include:

A registration creates a legal presumption that the mark is valid, the registrant owns and has exclusive rights to use the mark and that the mark is not confusingly similar to other prior-registered marks.

A registration gives its owner the benefit of “constructive use” throughout the United States and internationally for purposes of determining priority. A successful application to register a trademark filed today will prevent anyone else anywhere in the United States from being allowed to adopt a confusingly similar mark tomorrow.

Registrations diminish the likelihood that someone will adopt a confusingly similar mark because they will appear on search reports that entities review when someone is considering a particular mark.

  • Registrants can bring suit in federal court and can recover treble damages under appropriate circumstances.
  • Registrations can be used to block the importation of infringing products if registered with U.S. Customs.
  • Registrations can secure bank loans.
  • A registration may be helpful in domain name disputes.

Additionally, if you have an address on the Internet, it is often the case that a registration from any country can be used to fend off a request from a third party to have the domain name transferred to it or them or simply put on “hold” by the domain name registrar.

Registrations in one country can, in some cases, confer a priority or seniority rights to other international registrations. If you are using a mark internationally or have plans to do so in the future, you should strategize with trademark counsel about how to best take advantage of the various international treaties and the recently-created Community Trademark system.

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