Intellectual Property: With the "common law" component of USTPO trademarks, why would it ever be necessary to obtain a registered trademark?
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What is the point of obtaining a trademark?At the end of the day it provides no protection since common law use of a mark takes precedence?
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Answer:
Here is the response from the USPTO - http://www.uspto.gov/trademarks/basics/BasicFacts_with_correct_links.pdf SHOULD I REGISTER MY MARK? Is federal registration of my mark required? No. You can establish rights in a mark based on use of the mark in commerce, without a registration. However, owning a federal trademark registration on the Principal Register provides a number of advantages, including: ⢠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 (whereas a state registration only provides rights within the borders of that one state); ⢠Public notice of your claim of ownership of the mark; ⢠Listing in the USPTOâs online databases; ⢠The ability to record the U.S. registration with the U.S. Customs and Border Protection Service to prevent importation of infringing foreign goods; ⢠The right to use the federal registration symbol â® â; ⢠The ability to bring an action concerning the mark in federal court; and ⢠The use of the U.S. registration as a basis to obtain registration in foreign countries.
Konstantinos Konstantinides at Quora Visit the source
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