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What benefits and protection do I obtain if I
register my trademark?
A federal registration of your trademark is prima
facie evidence (without need of further proof) that you have ownership
in the mark and that the mark is valid and registered nationally. This
confers nationwide priority rights to you and gives you the exclusive
rights to use your trademark in commercial business or in goods and
services in the U.S. Your registration may be used to obtain a foreign
trademark registration as well.
Federal registration rights generally take
precedence over state registration and provide several procedural
advantages. First, your registered mark will be listed on trademark
searches obtained by others. This aids in eliminating the possibility of
someone else unintentionally infringing on your trademark. Second, it
gives federal courts jurisdiction to hear any infringement or
counterfeiting claims as well as any claims relating to unfair
competition. Your registered trademark shifts the burden of proof to
anyone challenging those rights and may provide conclusive evidence for
an infringement proceeding. Third, you can file your registration with
the U. S. Customs Service to prevent importation of infringing foreign
goods. Fourth, you will receive greater geographic rights than would be
possible under common law. Fifth, and possibly most importantly,
registration is required for increased remedies which you may seek
against counterfeiters in litigation.
Your ability to maintain your trademark is indefinite as long as you
continue to use it and may become incontestable after five years of
continuous use. To maintain your registered trademark, you must renew
your registration every ten years; and between the fifth and sixth year
of issuance, you must file a declaration of use. However, it is to be
noted that non-use of a trademark after three years is often considered
proof of the intention to abandon the mark. This enables someone else to
claim rights to the trademark.
You generally only obtain foreign trademark
protection on a country-by-country basis. In many countries, this is
done by merely filing an application. The issue of trademark licensing
is an important aspect of international trade where recording your
license is required and failure can invalidate your trademark.
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