What are the benefits of Federal Trademark Registration?

There are many benefits to registering a federal trademark with the USPTO (United States Patent and Trademark Office).

For one, federal rights are national in scope, meaning the trademark can be enforced in every state (with the exception of any prior common law rights).

Second, federal registration allows the trademark owner to enforce their trademark rights against infringers in federal court, which allows for “treble damages,” meaning the trademark owner may be able to recover higher damages in an infringement claim. The trademark owner may also seek to recover attorney fees in federal court.

Third, only federal registration allows trademark owners to use the ® symbol. This puts the world on notice that you have a registered trademark.

Fourth, a federally registered trademark may become incontestable. An incontestable trademark means that the trademark is strengthened against challenges of invalidity. Finally, since federal registration is national in scope, it is useful for companies conducting business over the internet or telephone, as these services have the potential to expand quickly beyond any particular state.

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