This notice, including use of the ® symbol, could also be a sufficient deterrent to avoid a 3rd party from adopting a confusingly similar mark. most significantly , a federal trademark registration affords the owner the proper to sue in court and seek punitive damages , attorneys fees, and/or $100,000 statutory damages for trademark infringement and/or for violations of the Anti-cybersquatting Consumer Protection Act (ACPA).
While both federal trademark registrations and state trademark registrations are valuable property assets, a federal trademark registration provides additional benefits to the owner of the mark. If ready to meet the wants , a trademark owner should consider applying for a federal trademark registration instead of state trademark registration.
Both federal and state trademark registrations require that the mark be a particular source identifier. The distinctiveness continuum, so to talk , applies to both trademark registrations therein marks that are arbitrary/fanciful, suggestive, or that have acquired distinctiveness are deserve trademark protection. Merely descriptive and generic marks aren’t . However, the need of distinctiveness is where the similarities between federal and state trademark registrations essentially end.
Understandably, there are times when an owner can only acquire a state trademark registration in india, since the laws that apply to registrability are different at the uniform federal level as against the incongruent state levels. An owner who has only used the mark in intrastate commerce, as against interstate commerce, isn’t eligible for a federal trademark registration. With vastly differing registration costs, protection periods, and renewal requirements, federal and state trademark registrations also provide different value to the owner. Even where the owner could acquire either a federal or state trademark registration, an owner may prefer to simply protect its mark during a particular state thanks to cost, for instance .