are acquired by using the trademark in commerce, not from registering the trademark; however, there are several important trademark benefits
in holding a federal trademark registration
on the USPTO Principal Register.
Automatic Right To Sue In Federal Court
Federal trademark registration makes it much easier to sue in federal court in the case of a trademark infringement lawsuit. The United States district courts have jurisdiction to hear cases involving all federally registered trademarks.
Ability To Recover Money
Federal trademark registration makes it possible to recover damages three times the amount of actual damages and recover attorney’s fees in a trademark infringement case. Registering a trademark with the USPTO makes it possible to recover the maximum amount of damages available.
Once a trademark is federally registered for five years, the owner may apply for incontestability status. If incontestability status is granted, challenges against that trademark for confusing similarity; functionality; or lack of secondary meaning by other individuals or business owners are discarded.
Nationwide Trademark Priority
Federal trademark registration allows the owner of the trademark nationwide trademark priority, which is arguably the most important of the federal trademark benefits. A registered trademark gives the trademark owner the presumption of nationwide use in his or her trademark rather than limiting the protection to the geographic area in which the trademark is being used in association with the product and/or service. If a business or business owner receives federal registration, he or she may prevent a prior user from expanding his or her business to new jurisdictions.