Rights Protected in Trademark Registration

How does a trademark benefit your company? Every one knows the value of a name. I wonder what the value of the Nike name and swoosh design is versus all the inventory and assets the company owns. I would guess the name has more value.

But what are the benefits of registering the trademark? Here is a list of benefits of owning a  Federally registered trademark in the United States:

  1. Registration is proof of validity;
  2. Proof of registrant’s ownership of the trademark;
  3. Exclusive right to use the trademark in commerce;
  4. Incontestability” after five (5) years registration (stops attacks based on prior use or descriptiveness of the trademark);
  5. Constructive notice nationwide of the trademark owner’s claim;
  6. Nationwide rights in the trademark (trademark rights can be obtained by registering it in an individual state);
  7. Right to bring suit in federal court regardless of jurisdictional diversity;
  8. Registration rights under the Paris Convention can be used as a basis for obtaining registration in foreign countries;
  9. Registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods; and
  10. Allows you to use the trademark R with a circle around it symbol.®