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Why should I federally register my trademark?
A business can have its expansion efforts limited if it fails to obtain a federal registration. See Question "What is the geographic scope of protection of a trademark?" on the Types of Trademarks and Trademark Registrations page.
A federal registration provides prima facia (i.e. rebuttable) evidence of exclusive rights in the mark. After five years of registration the rights become incontestable (i.e. non-rebuttable), eliminating nearly every defense to trademark infringement. This aspect can save tens of thousands of dollars if litigation is ever needed and may help the avoidance of litigation all together.
Infringing goods and services may be impounded by the U.S. Customs with a federal registration.
A federal registration provides constructive notice of the holder's trademark rights, allows one to proceed in federal court (if necessary), and provides for special statutory remedies.
These benefits are obtained for the nominal cost of obtaining and maintaining federal trademark registrations.
Updated: 11/12/99
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