There are several benefits to obtaining Federal trademark registration. A Federally Registered trademark not only provides nationwide protection but can obtain incontestable status after five years of continuous use. Incontestable status provides conclusive evidence of validity, ownership and the exclusive right to use the mark with the registered goods. Some of the benefits of a registered trademark are listed below.
- – Registration provides an exclusive right to use the mark nationwide in connection with the goods and/or services listed in the registration.
- – Registration provides notice to the public of ownership in the mark. Registered trademarks show up in the USPTO’s database, the first place most companies and attorneys may look when clearing potential names for use and registration. Being in the database may deter someone from adopting a similar name.
- – Registration increases the chances of faster resolution of disputes. A cease and desist letter asserting rights to a registered trademark is much stronger and more likely to lead to a quick resolution of the situation with positive results.
- – Registration reduces the probability of being accused of infringement. Having a registration means you have taken steps to protect your trademark and means that the USPTO did not find any confusingly similar trademarks. This reduces the probability that another company will bring a trademark infringement claim against you.
- – Trademarks are intangible assets and registration adds value and strength to your brand. Showing others that you have a registered trademark (by using the ® symbol) shows them that your brand is legitimate and worthy of protection. A registration adds value to a company’s worth, which is especially valuable in a licensing deal or a sale.
- – Registration provides the ability to bring an action concerning the mark in federal court.
- – The U.S registration can be used as a basis to obtain registration in foreign countries.
- – The U.S. registration can be filed with the U.S. Customs Service to prevent importation of infringing foreign goods.