By Ari Sherwin, Curatolo Sidoti
Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark. Generally, the first to either use a mark in commerce or file an intent to use application with the Patent and Trademark Office has the ultimate right to use and registration. However, there are many benefits of federal trademark registration:
- Constructive notice nationwide of the trademark owner’s claim;
- Evidence of ownership of the trademark;
- Jurisdiction of federal courts may be invoked;
- Registration can be used as a basis for obtaining registration in foreign countries; and
- Registration with U.S. Customs Service to prevent importation of infringing foreign goods.
Ari Sherwin is a patent, trademark and copyright attorney with Curatolo Sidoti in Cleveland, Ohio. Prior to practicing intellectual property, Ari founded the anti-drug and health awareness program “Drugs In Sports…A Losing Game”, and has presented to over 250,000 people throughout North America and Europe since 1993. As a former competitive drug-free Olympic weightlifter, he set an American record and was a triple gold medalist at the National Collegiate Championships. Ari received his B.S. in Biology from The Ohio State University, M.S. in Anatomical Sciences from Case Western Reserve University and J.D. from Cleveland-Marshall College of Law. Ari can be reached at (216) 571-1641, sherwin@patentandtm.com, http://www.patentandtm.com/
