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What is the principle register in regards to trademarks?

The Lanham Act, employed on July 5, 1946, is the primary federal trademark statute that protects trademarks nationally. The Act sets forth a number of prohibited activities, including infringement, dilution, and false advertising. The Act also sets forth the principal and supplemental register for trademarks. Having your mark on the principal register is quite important as it gives you national rights to protect your trademark. Lemler IP works with New Orleans clients who need to establish their place on the principal register. If you need an experienced New Orleans, Louisiana trademark lawyer to assess where your trademark should be registered, contact Lemler IP for an exploratory meeting.

How do I get my trademark on the principal register?

If your mark is distinctive, meaning it is capable of distinguishing your goods/services from another, your mark may be eligible to have its place on the principal register. If your mark is not distinctive but has a secondary meaning, it can still find its place on the principal register. Generally, even though your mark does not have a distinctive mark, it can establish an acquired distinctiveness when it becomes known to consumers as an indication of goods/services stemming from prolonged use in the marketplace. This can be established after about 5 years of exclusive use in commerce.

What rights do I have under the principal register?

The principal register comes with many rights not offered under the supplemental register. Your trademark has national constructive use and constructive notice, which cuts off the rights of others to use similar marks. It also allows you the possibility of achieving incontestable status after 5 years, cutting off certain defenses of future infringement defendants. The principal register allows you to bring a federal cause of action for infringement regardless of diversity and amount of controversy. The principal register allows you to take action against infringing imported goods by requesting that U.S. Customs and Border Protection officials bar goods bearing infringing trademarks. Lastly, the principal register offers provisions for treble damages, attorney fees, and various other remedies.

If you would like to learn more about the principal register and how to get your trademark listed on it, simply contact Lemler IP for help today.

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