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.