What are the benefits of federal trademark registration?

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.

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The content of this article is not intended to be, and does not constitute, legal advice and does not create attorney-client privilege. Consult the attorney of your choice before embarking on any legal matter or any document preparation/filing.

Dr. Thomas R. (Terry) Williamson III is a Patent Attorney practicing in Atlanta, Georgia.

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