What Are The Benefits of Trademark Registration?

By Eric Misterovich

One of the more frequently asked questions that we receive is, “What are the benefits of trademark registration?” Trademark registration provides a mark owner with numerous benefits, the most relevant of which are:

 

1. Federal priority over all others to use the trademarked term in commerce in association with the sale of goods or services;

 

2. A presumption that the trademark is valid;

 

3. The ability to use the ® to put others on notice of your rights;

 

4. The ability to file a trademark infringement lawsuit in federal court under certain sections of the Lanham Act;

 

5. The ability to preclude the importation of infringing copies by recording your rights with the US Customs and Border Patrol;

 

6. The ability to rely on a US registration for priority in foreign registrations; and

 

7. The ability to obtain up to $2,000,000 in statutory damages per mark infringed in a trademark infringement lawsuit.

 

In light of these benefits, trademark registration is an important step in protecting the goodwill built into your brand and reducing consumer confusion in the marketplace.

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