Obtaining federal registration of a trademark can bestow on the trademark owner (“registrant”) a number of evidentiary and substantive advantages:
1. Federal trademark registration is a prima facie evidence of the validity of a registered mark, the registrant’s ownership of the mark, the continued use since the filing date of the application and the exclusive right to use the mark in commerce (in connection with specified class of goods or services);
2. Federal trademark registration give the registrant nation-wide rights (with certain exceptions);
3. Federal trademark registration provides a constructive notice of the registrant’s claim of ownership of the mark;
4. Federal trademark registration allows the registrant to file the lawsuit for trademark infringement in a federal court;
5. Federal trademark registration entitles the registrant to statutory remedies, including treble damages and criminal penalties in counterfeit cases;
6. Federal trademark registration allows the registrant to obtain “incontestability” (which precludes cancellation of a trademark registration based on prior use or descriptiveness) after five years of continuous use and filing of necessary paperwork with the USPTO (United States Patent and Trademark Office);
7. Federal trademark registration establishes registrant’s rights under the Paris Convention, including priority rights on foreign filings and the right to register abroad based on the U.S. registration;
8. Federal trademark registration provides the registrant with an ability to bar importation of goods which bear infringing trademarks. The registrant will need to deposit a copy of its U.S. trademark registration with the U.S. customs.
Call Now at (612) 790-7024 to discuss your trademark registration with an experienced Minneapolis trademark lawyer!