U.S. trademark law Edit

The Principal Register is the primary trademark register of the U.S. Patent and Trademark Office. When a mark has been registered on the Principal Register, the mark is entitled to all the rights provided by the Trademark Act. The advantages of owning a registration on the Principal Register include the following:

  1. Constructive notice to the public of the registrant's claim of ownership of the mark[1];
  2. A legal presumption of the registrant's ownership of the mark and registrant's exclusive right to use the [[mark] nationwide on or in connection with the goods and/or services listed in the registration[2];
  3. A date of constructive use of the mark as of the filing date of the application[3];
  4. The ability to bring an action concerning the mark in federal court[4];
  5. The ability to file the U.S. registration with the U.S. Customs and Border Protection to prevent importation of infringing foreign goods[5];
  6. The registrant’s exclusive right to use a mark in commerce on or in connection with the goods or services covered by the registration can become "incontestable," subject to certain statutory defenses[6]; and
  7. The use of the U.S. registration as a basis to obtain registration in foreign countries.

References Edit

  1. 15 U.S.C. §1072.
  2. Id. §§1057(b) and 1115(a).
  3. Id. §1057(c).
  4. Id. §1121.
  5. Id. §1124.
  6. Id. §§1065 and 1115(b).

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