Use Of The ® Symbol
Use of the federal trademark registration symbol, ® (circled R), is only permissible for federally registered trademarks. Using the circle R gives constructive notice to all competitors in the marketplace that the trademark is claimed as an exclusive right. This means that a defendant in a trademark infringement case cannot claim that his or her infringement was innocent.
Deters Others From Using Your Trademark
Deterrence comes in two ways: (1) the USPTO must refuse to grant federal registration to a confusingly similar trademark, and (2) you trademark will appear on trademark searches when another individual attempts to use a trademark similar to yours. Entrepreneurs and businesses want to avoid expensive, drawn out lawsuits, so having a registered trademark will let the trademark owner of the trademark, with exclusive right to to the use of the trademark, be known.
Advantages In Court
A trademark registration certificate from the USPTO proves three things: (1) shows that the trademark is valid, (2) identifies the valid trademark and the product and/or service the trademark protects, and (3) continuous use of the trademark in interstate commerce. This avoids the costs of producing documents that show a business or individual has been using the trademark in interstate commerce and proving that the trademark is not generic, descriptive, or confusingly similar to another trademark.
Registration In Foreign Countries Using U.S. Priority Date
If a business or business owner has a federally registered trademark and would like to expand internationally, the member nations of the Madrid Protocol make obtaining trademark rights much easier to obtain in the member nations. A trademark application for foreign trademark protection using the Madrid Protocol allows the trademark owner to file a single application and simply state which countries he or she would like to apply for protection in.