|There are numerous advantages to securing federal registration of a trademark. Perhaps the most important advantage is that federally registered trademarks are national in scope, regardless of the actual geographic use made of the mark. This national scope contrasts greatly with the limited geographic range of common law trademarks.Additional substantive benefits received through federal registration include:
- The incontestable status that a mark can achieve after five years of registration, which serves to eliminate most arguments that the registrant does not have the exclusive right to utilize the mark;
- The right to use the ® symbol in connection with the mark, which may deter potential infringers;
- Increased ease of discovery by those doing trademark searches, which helps to prevent the adoption of confusingly similar marks by third parties;
- The right to sue for infringement in federal courts;
- The ability to recover profits, damages and costs for infringement, including the possibility of receiving treble damages in certain circumstances;
- The ability to recover attorney fees in infringement actions; and
- The ability to have the customs service block the importation of goods bearing an infringing mark.