Advantages In Court
A trademark registration certificate from the USPTO proves the validity of the trademark, identifies the valid trademark and the product and/or service the trademark protects, and shows continuous use of the trademark in interstate commerce. This avoids the costs of having to produce documents that show a business or individual has been using the trademark in interstate commerce and proving that the trademark is not generic, descriptive, or confusingly similar to another trademark.
Registration In Foreign Countries Using U.S. Priority Date
If a business or business owner applies and receives a federal trademark registration trademark and would like to expand his or her business internationally, he or she may obtain these international rights with great ease via the “Madrid Protocol.” The member nations of the Madrid Protocol may obtain trademark rights in the other member nations. A trademark application for foreign trademark protection using the Madrid Protocol allows the trademark owner to file a single application and simply state which countries he or she would like to apply for protection in.
Deterrence From Using Your Trademark
Receiving federal trademark registration may deter others from using your trademark. Deterrence comes in two ways: (1) the USPTO must refuse to grant federal registration to a confusingly similar trademark, and (2) your trademark will appear on trademark searches when another individual attempts to use a trademark similar to yours. Having a registered trademark will let the trademark owner with exclusive right to to the use of the trademark be known.
Use Of The ® Symbol
Use of the ® (circled R), is only allowed for federally registered trademarks. Using the ® acts as constructive notice to all competitors in the marketplace that the trademark is claimed as an exclusive right. This means that a defendant in a trademark infringement lawsuit cannot claim innocence.