Questions and Answers > Intellectual Property > What are the advantages of obtaining a federal registration for a trademark”?
 

What are the advantages of obtaining a federal registration for a trademark”?

 
 
What are the advantages of obtaining a federal registration for a trademark”?

A federal registration is the best means of protection for a trademark or service mark. The registration provides valuable statutory presumptions, including:
  • The registration is prima facie evidence that the mark is valid, the registrant own the mark and has the exclusive right to use the mark.
  • The registration is prima facie evidence that the mark has been used continuously in commerce since the filing date of the application.
  • The registration is constructive notice that the registrant of the mark has the right to use the mark throughout the entire United States, even if the mark is not being used in a specific geographical area.
  • The registration gives the registrant the ability to sue for trademark infringement in federal court when diversity jurisdiction does not exist.
 

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