U.S. trademark law
The Principal Register is the primary trademark register of the U.S. Patent and Trademark Office. When a mark has been registered on the Principal Register, the mark is entitled to all the rights provided by the Trademark Act. The advantages of owning a registration on the Principal Register include the following:
- Constructive notice to the public of the registrant's claim of ownership of the mark;
- A legal presumption of the registrant's ownership of the mark and registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration;
- A date of constructive use of the mark as of the filing date of the application;
- The ability to bring an action concerning the mark in federal court;
- The ability to file the U.S. registration with the U.S. Customs and Border Protection to prevent importation of infringing foreign goods;
- The registrant’s exclusive right to use a mark in commerce on or in connection with the goods or services covered by the registration can become "incontestable," subject to certain statutory defenses; and
- The use of the U.S. registration as a basis to obtain registration in foreign countries.
- 15 U.S.C. §1072.
- Id. §§1057(b) and 1115(a).
- Id. §1057(c).
- Id. §1121.
- Id. §1124.
- Id. §§1065 and 1115(b).