Trademark Law - benefits of federal trademark registration
Trademarks have been conventionally used in commercial transactions for a long time. Legal rights and disputes related to trademarks have become very complex as the industry structure advances and diversifies. The federal trademark system has been developed to reflect these situations, and provide following effects.
The effects of registration of a federal trademark includes public notice of your claim of ownership of the mark, and a legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration. Trademark right is a kind of property right but is not tangible. The range and exercise of trademark right are defined by legal practice. The federal trademark maximizes effects of registration with the notice and presumption effects.
For legal disputes covering two or more states, filing lawsuit in a federal court rather than in a state court is advantageous in many cases. Federal trademark is based on the Lanham Act, a federal law, which gives the ability to bring an action concerning the mark in federal court.
When the market for goods related to a trademark is extended overseas, the same trademark needs to be filed in the corresponding countries. The U.S. registration can be used as a basis to obtain registration in the foreign countries, thereby facilitating filing and examining process.
Federal trademark gives the ability to record the U.S. registration with the U.S. Customs and Border Protection (CBP) Service so that the strong legal measures can be used to prevent importation of infringing foreign goods.
Written by Chanmin Park, Patent Attorney