A federal registration of a trademark with the United States Patent and Trademark Office constitutes constructive notice of a registrant’s claim of ownership thereof. Pursuant to 15 U.S.C. §1111, a registrant may give notice that the mark is registered by displaying with the mark the words “registered in U.S. Patent and Trademark Office” or “reg. U.S. Pat. & Tm. Off.” or the letter “R” enclosed within a circle. More importantly, this statute provides that in any suit for infringement under this chapter by such a registrant failing to give such notice of registration, no profits and damages shall be recovered unless the defendant had actual notice of the registration. While a holder of a registered mark is under no obligation to give notice of the registration before seeking relief, a consequence of failing to give such notice is a limitation on the remedies that can be recovered. The failure to display statutory notice or prove actual notice limits the monetary recovery. Moral of the story — upon obtaining a Federal registration, do not forget to put the statutory notice adjacent to the registered mark.
