This ensures the potential trademark owner will receive federal registration prior to investment in marketing and promotion of the mark. Second, federal trademark registration is evidence of the distinctive character of the mark. In particular, it is presumed that the registrant has the exclusive right to use the mark and that the prerequisites of valid registration have been met. Incontestability is conclusive evidence of validity, and ownership and may only be canceled in certain cases. On the other hand, state registration does not presume validity.
Most states treat registration as evidence that the mark has been registered with the state.
Missouri, for example, is one of a majority of states that treats registration as having little offensive legal significance other than proof that on a certain date the registrant filed a claim that it was using a certain mark. Third, federal registration provides constructive notice of the registrant's claim of ownership of the mark. This means that anyone who adopts a mark without checking the Principal Register to determine availability of the mark may not assert a claim of innocence, good faith or lack of knowledge. In comparison, states typically do not have statutes under which state registration creates constructive notice. Registering a mark with a state constitutes notice if a party undertakes a trademark search of the state register.