Here are eight such benefits:
1.) It creates a rebuttable presumption that you are the owner of the mark (note, however, that even with this presumption – someone else can still prove they are the rightful owner because they used the mark before you).
2.) It gives you a legal presumption of the exclusive right to use your mark nationwide with the goods and services identified in your registration (while common law protection is limited to the geographic area where the business activity occurs and possibly to geographic areas where the business could reasonably expand).
3.) It puts the public on notice that you are the owner of the mark.
4.) Your business will be listed in the USPTO database. This means that others who are considering which mark to use for their own business may find your mark there, and it thus may prevent a confusingly similar mark from registering.
5.) It gives you the ability to record your trademark with U.S. Customs and Border protection. That agency will prevent importation of infringing or counterfeit foreign goods. (You need to separately register for that service, however).
6.) It gives you the right to bring a trademark lawsuit in federal court (which is often preferable than bringing it in state court—whereas common law trademark owners must bring their actions in state court).
7.) It gives you a basis for filing trademark registrations in many foreign countries.
8.) You can use the R symbol - ®. (You can’t do that unless it your mark registered--although common law trademarks can still use the “TM” symbol).
1.) It creates a rebuttable presumption that you are the owner of the mark (note, however, that even with this presumption – someone else can still prove they are the rightful owner because they used the mark before you).
2.) It gives you a legal presumption of the exclusive right to use your mark nationwide with the goods and services identified in your registration (while common law protection is limited to the geographic area where the business activity occurs and possibly to geographic areas where the business could reasonably expand).
3.) It puts the public on notice that you are the owner of the mark.
4.) Your business will be listed in the USPTO database. This means that others who are considering which mark to use for their own business may find your mark there, and it thus may prevent a confusingly similar mark from registering.
5.) It gives you the ability to record your trademark with U.S. Customs and Border protection. That agency will prevent importation of infringing or counterfeit foreign goods. (You need to separately register for that service, however).
6.) It gives you the right to bring a trademark lawsuit in federal court (which is often preferable than bringing it in state court—whereas common law trademark owners must bring their actions in state court).
7.) It gives you a basis for filing trademark registrations in many foreign countries.
8.) You can use the R symbol - ®. (You can’t do that unless it your mark registered--although common law trademarks can still use the “TM” symbol).
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