Under the federal scheme, it is necessary to file for registration and for the mark to be found acceptable before federal rights attach. Federal applications are screened to determine if the proposed mark is permissible. The federal statutory scheme grants nationwide trademark rights to the owner. In connection with a federal trademark, the mark must eventually be used in connection with sales in interstate commerce. These marks must be registered in order for rights under the federal scheme to attach.
Federal registration provides constructive notice of the registrant's rights in the mark.
After the mark has been registered for 5 years, the mark may be declared incontestable. The registrant may have the U.S. Customs Service block the importation of goods bearing the federally registered mark. Actions for trademark infringement may be brought in federal court. In order to be valid, a mark must be distinctive. Marks can be inherently distinctive, may become distinctive, or may be incapable of distinctiveness.