Share this Page URL

How Do I Qualify for and Obtain Trademar... > How Do I Qualify for and Obtain Trad... - Pg. 151

A Primer on Intellectual Property 151 To register a mark with the USPTO, you must either show commercial use of the mark or file an intent-to-use application. An intent-to-use application confers the same privileges of registration, but the registration may be deemed abandoned (lapse) if the owner does not prove that it started using the mark in commerce within six months from the date of registration. Note NOTE A goal of the trademark laws is to ensure that trademarks are actually used in commerce, not bought and "parked" to prevent other parties from using them.To this end, trademarks are a use-it-or-lose-itproposition. Even after successful registration, a mark will be deemedabandoned if it is not used in commerce for two continuous years. Federal Registration Process and Benefits Federal trademarks are administered by the U.S. Patent and Trademark Office. A company gains the following legal benefits by registering a trademark in the Principal Register of the USPTO: · Evidence of ownership of the trademark. · The exclusive right to use the mark on or in connection with the goods or services set forth in the registration. · Inability of infringers to claim innocent infringement (the law presumes that all parties are aware of all valid federal trademarks). · The ability to use your U.S. registration as the basis for foreign registrations. · The ability to use the ® symbol after your mark. · The ability to prohibit the importation of any goods bearing the mark, and receipt of U.S. Customs assistance to enforce this prohibition (which is very helpful in anti-piracy efforts).