Federal registration of a mark under the Lanham Act:
A) permits the registrant to use the federal courts to enforce the mark.
B) is required to establish rights in the mark.
C) makes the registrant's exclusive right to use the mark incontestable after three years.
D) prevents loss of protection from non-use.

Question

Quizplus · Accepted Answer

Federal registration of a mark under the Lanham Act allows the registrant to use the federal courts to enforce the mark. It is not required to establish rights in the mark, as rights can be established through use in commerce. The exclusive right to use the mark becomes incontestable after five years of continuous use, not three. Registration does not prevent loss of protection from non-use; a mark must be actively used to maintain protection.

Federal Registration of a Mark Under the Lanham Act