Reports of the demise of state trademark registries are greatly exaggerated. Although some practitioners vow to never file another state registration, it can be highly desirable to file a state trademark registration to evidence common law rights when it is not possible or practical to file a federal registration.
The advantages of federal trademark registration are well known. First and foremost, federal registration generally establishes exclusive rights to use a mark in connection with specified goods and services nationwide. It also creates prima facie evidence of the validity of the registration, ownership by the registrant and the mark’s continued use since the filing date.
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