Rights Protected in Trademark Registration
How does a trademark benefit your company? Every one knows the value of a name. I wonder what the value of the Nike name and swoosh design is versus all the inventory and assets the company owns. I would guess the name has more value.
But what are the benefits of registering the trademark? Here is a list of benefits of owning a Federally registered trademark in the United States:
- Registration is proof of validity;
- Proof of registrant’s ownership of the trademark;
- Exclusive right to use the trademark in commerce;
- “Incontestability” after five (5) years registration (stops attacks based on prior use or descriptiveness of the trademark);
- Constructive notice nationwide of the trademark owner’s claim;
- Nationwide rights in the trademark (trademark rights can be obtained by registering it in an individual state);
- Right to bring suit in federal court regardless of jurisdictional diversity;
- Registration rights under the Paris Convention can be used as a basis for obtaining registration in foreign countries;
- Registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods; and
- Allows you to use the trademark R with a circle around it symbol.®
