A federal trademark registration is a form of intellectual property protection granted by the federal government. Having a federal trademark registration gives you the exclusive right to use the registration in association with one or more classes of goods and/or services.
In its most basic form, a trademark is generally a word, phrase, symbol, or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others. Upon submitting an application with the United States Patent and Trademark Office (USPTO), the application is evaluated by a trademark examining attorney. If all of the requirements are met, then your application will be allowed to register as a federal registration.
Benefits of a Federal Trademark Registration
There are a number of benefits of receiving a federal trademark registration including:
- Grants the trademark owner the exclusive nationwide rights to use the trademark in commerce;
- Discouraging other from registering a confusingly similar trademark to yours;
- Protects against the registration of confusingly similar trademarks to yours during the examination process with the USPTO;
- Provides notice to everyone in the United States;
- Provides prima facie evidence of validity and ownership of your trademark;
- Permits the trademark owner to sue in federal court for trademark infringement;
- Allows the trademark owner to use the (R) “registration symbol” with your trademark;
- Allows the trademark owner to recover statutory damages for trademark infringement;
- Serves as a basis for foreign priority; and
- Allows the trademark owner to register the trademark with the United States Customs and Border Protection to help prevent the importation of infringing products.