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Definition[]

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:

  1. Constructive notice to the public of the registrant's claim of ownership of the mark[1];
  2. 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[2];
  3. A date of constructive use of the mark as of the filing date of the application[3];
  4. The ability to bring an action concerning the mark in federal court[4];
  5. The ability to file the U.S. registration with the U.S. Customs and Border Protection to prevent importation of infringing foreign goods[5];
  6. 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[6]; and
  7. The use of the U.S. registration as a basis to obtain registration in foreign countries.

References[]

  1. 15 U.S.C. §1072.
  2. Id. §§1057(b) and 1115(a).
  3. Id. §1057(c).
  4. Id. §1121.
  5. Id. §1124.
  6. Id. §§1065 and 1115(b).
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