primary trademark register of the USPTO. When a mark has been registered on the Principal Register, the mark is entitled to all the rights provided by the Trademark Act. The advantages of owning a registration on the Principal Register include the following:
- Constructive notice to the public of the registrant’s claim of ownership of the mark;
- A legal presumption of the registrant’s ownership of the mark and the registrant’s exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration;
- A date of constructive use of the mark as of the filing date of the application;
- The ability to bring an action concerning the mark in federal court;
- The ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods;
- The registrant’s exclusive right to use a mark in commerce on or in connection with the goods or services covered by the registration can become “incontestable,” subject to certain statutory defenses; and
- The use of the U.S. registration as a basis to obtain registration in foreign countries.