Act of 1946, Principal Register

The primary provision for registration in the Trademark

Act of 1946 is for registration on the Principal Register (15 U.S.C. §§1051–1072).

When a mark has been registered on the Principal Register, the mark is entitled to

all the rights provided by the 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 (15 U.S.C. §1072);

A legal presumption of the registrant’s ownership of

the mark and the registrant’s exclusive right to use the mark in commerce on or

in connection with the goods/services listed in the registration

(

15 U.S.C. §§1057(b)

,

1115(a)

);

A date of constructive use of the mark as of the

filing date of the application (

15 U.S.C.

§1057(c)

;

TMEP §201.02

);

The ability to bring an action concerning the mark

in federal court (15 U.S.C. §1121);

The ability to file the United States registration

with the United States Customs Service to prevent importation of infringing

foreign goods (15 U.S.C. §1124);

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

(

15 U.S.C. §§1065

,

1115(b)

); and

The use of the United States registration as a

basis to obtain registration in foreign countries.

If the applicant does not specify a register, the United

States Patent and Trademark Office (USPTO) will presume that the applicant seeks

registration on the Principal Register.