benefits

What are the benefits of federal registration of a trademark?

The primary benefits of federal registration of a trademark (registration with the USPTO) are: Presumptively exclusive right to use the mark anywhere in the United States; Presumption of validity of the trademark; Presumption of the registrant’s exclusive right to use the trademark in connection with specified classes of goods and services; Public notice of an […]

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Is trademark registration necessary?

No. Registering a trademark is optional, not mandatory. In the United States, a trademark arises from use, not registration, so it is possible to own a valid trademark without registering it. Until a trademark is registered, it is called a “common law ” trademark. A common law trademark may be enforced in court without registering

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What is the benefit of complying with the DMCA’s notice-and-takedown procedure?

By complying with the notice-and-takedown procedures set out in the DMCA, a website owner or other online service provider may get the benefit of the DMCA’s safe harbor from contributory liability for user-provided content that infringers another person’s copyright.

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