What Does a Federal Registration Add to "Common Law"Trademark Rights?

Though Common Law Trademark rights offer some amount of benefit in helping business protect their brands, a federal trademark registration is much stronger.

A federal registration provides the following benefits:

•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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