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 ownership claim in the trademark. This can deter others from adopting it as a trademark. It can also prevent spurious claims of status as a “bona fide purchaser for value without notice.”
- Enables the owner to file trademark claims in federal courts, not just state courts.
- Can be filed with U.S. Customs and Border Protection to stop counterfeit goods from entering the United States.
- “Incontestability.” After five years of continuous use, a registered mark can become “incontestable.”
- Basis for foreign registration. A U.S. registration can be used as a basis for securing protection in other countries.
- Facilitates registration with Amazon , Walmart and other brand registries, making it easier to take down infringing content.
- Provides a stronger foundation in domain name disputes and cybersquatting cases.
- In some (but not all) cases, it enables the recovery of treble damages and attorney fees in lawsuits filed in federal court.
- Lends more strength and credibility to a cease-and-desist letter.
- Entitles the registrant to use the encircled-R symbol (®).