Why should I register my trademark in the United States?

Why should I register my trademark in the United States?

In the United States you are not required to register your trademark to use it in commerce.  But, you should strongly consider registering your trademark because obtaining a federal registration provides significant advantages. Among these advantages are:

1. The benefit of nationwide constructive use and a right of priority, over all subsequent users as of the application filing date.

2. Constructive notice – it prevents other people from acquiring common law rights to your mark or a similar mark, even by innocent adoption.

3. It creates a legal presumption and is sometimes conclusive evidence of the registrant’s right to exclusive use of the mark and the validity of the mark’s registration.

4. Imported goods bearing a mark, which infringes a federally registered mark, may be excluded from entry into the U.S. by recordation with the U.S. Customs Service.

5. Based on the Paris Convention, registration furnishes the basis for foreign registration.