Are there advantages to filing an application and obtaining a United States trademark registration?
Yes. The filing of a federal application will provide the applicant with a constructive use date, contingent upon a registration being issued, which will give the applicant rights relative to later users or applicants. In addition, the filing of an application provides the applicant with a right to the priority for corresponding foreign applications. A federal registration serves as constructive notice of the trademark owners trademark rights and is evidence of ownership of the trademark. It also permits the filing of lawsuit in federal courts. A registration may be filed with the U.S. Customs Service to prevent import of infringing foreign goods. Following five years of continuous use, a federal registration may become incontestable, that is, is may not be invalidated on the basis of prior third party use or descriptiveness.
