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As with copyrights, trademarks do not have to be registered with the federal government, but doing so gives their owners all of the following additional rights EXCEPT for which one?

a) Nationwide notice
b) Incontestability
c) Right to sue in federal court
d) Enhanced damages in case of infringement

1 Answer

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Final answer:

Registering a trademark does not grant the right to create a lower national court system; this is a power of Congress. Trademark registration does provide nationwide notice, incontestability, and the right to sue in federal court, as well as potentially enhanced damages for infringement.

Step-by-step explanation:

Registering a trademark with the federal government through the United States Patent and Trademark Office (USPTO) provides additional rights to trademark owners. However, one right that is not granted by registering a trademark is the right to create a lower national court system. When registering a trademark, trademark owners are granted rights such as nationwide notice, incontestability after a certain period, the right to sue in federal court, and potentially, enhanced damages in case of infringement. It's important to understand that the right to create a lower national court system is a Congressional power enumerated in the U.S. Constitution, not a right provided by trademark registration.

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