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Certificates of Registration in Trademark Registration

Lanham Act Of 1946 Certificates Of Registration

A certificate of registration is arguably the most important aspect of trademark registration. After all, obtaining such a certificate is the main purpose behind trademark registration. The certificate of registration is important because it acts as physical evidence that a particular trademark has been appropriately registered at the federal level by the United States Patent and Trademark Office.

It also acts as evidence that the trademark registration process was successfully completed. Once the necessary procedures and requirements of the trademark registration process are completed, a certificate of registration is issued by the United States Patent and Trademark Office. The certificate itself contains all the pertinent information regarding that particular copyright:

A reproduction of the trademark

Name of the owner or company

Date of the first use of the trademark

Date of the first commercial use of the trademark

The type of product or consumer good that trademark is used for

Registration number and date

Duration term of the trademark

Date the application was received

Conditions and restrictions imposed by the nature of the trademark and the product it is used for

A copy of the certificate is kept by the Patent and Trademark Office after the original is bestowed to the trademark owner. The trademark registration process and the actual delivery of the certificate to the owner of the mark, allows for the protection of the trademark under the fullest extent of United States trademark law. Furthermore, the certificate itself acts as prima facie evidence in the event that trademark infringement suits occur. The certificate proves the validity of:

The registered trademark and registrant's ownership

The registrants exclusive rights to use the trademark

Protection against trademark infringement and other violations as provided under United States trademark laws

The application for trademark registration also implies that the trademark is being used, and that no other person can use that mark as long as the trademark is in current use, or an application for trademark registration is pending at either the national or international level. Exceptions to this provision include if the trademark has been abandoned, or registration itself has been canceled. The change of ownership, or the issuance of rights to an assignee, must first be put in to record by the Patent and Trademark Office.

A new certificate may be issued displaying the name of the new owner or assignee, and a required fee must be paid. The duration of the trademark is not renewed, but the remainder of the term is bestowed upon the new owner. The cancellation or surrendering of a trademark registration must also be put into record by way of application and paying the imposed fee.

The same process is required for the amendment or correction of information for the trademark registration certificate. The change will be made as long as the trademark itself is not changed from the original, and the provisions for which is granted are not unchanged.

NEXT: Lanham Act of 1946 Implications on Trademark Law

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