The Lanham Act of 1946 is the primary federal trademark statute that works to protect registered trademarks nationally. With this, it sets the standard for principal registers for such trademarks. Essentially, a principal register may prove pivotal to you and your business. So without any further introduction needed, please read on to discover what you need to do to get your trademark on the principal register and how a seasoned New Jersey trademark lawyer at The Ingber Law Firm can help you feel more secure with obtaining certain exclusive rights.
What steps do I need to take to get my trademark on the principal register?
In its simplest terms, the principal register is the primary list of trademarks maintained by the United States Patent and Trademark Office (USPTO). To get on this list, you must prove that your trademark is considered inherently distinctive; that is, it is fanciful, arbitrary, or suggestive enough to distinguish your goods and services from that of another party in the marketplace.
That said, it is in your best interest to first search the USPTO database to confirm that your proposed trademark, or a closely similar one to yours, is not already in use. If not, you may proceed forward with creating a USPTO account; use its Trademark Electronic Application System (TEAS) to fill out your application; and pay the associated application filing fee. Hopefully, the end result will be you receive a certificate of registration from the USPTO soon enough.
Why should I work towards getting my trademark on the principal register?
It is safe to say that getting your trademark on the principal register may offer you greater protections and benefits than if it were to be on the supplemental register. Specifically, the supplemental register is for marks that are not considered inherently distinctive enough but could still gain recognition and distinctiveness over time through secondary meaning. Generally speaking, this may be made possible after approximately five or so years of use.
Without further ado, below are some of the key benefits of principal registration:
- Your trademark may get nationwide constructvie use and notice that hinders other parties to use similar marks.
- Your trademark may achieve incontestable status after five years of continuous use that hinders certain defenses in future infringement cases.
- Your trademark may get to have the “®” symbol alongside it to indicate its registered mark status with the USPTO.
- You may earn the right to bring a federal cause of action for trademark infringement and recover treble damages, lawyer fees, and other remedies.
- You may earn the right to request that United States Customs and Border Protection officials bar goods bearing similar or infringing marks.
If you have any outstanding questions yet to be answered, please ask a competent Essex County, New Jersey intellectual property lawyer. Anyone at The Ingber Law Firm is willing and able to offer the support you need.
