Most people are aware of the numerous benefits of having a trademark registration within Principal Register from the United States Patent and Trademark Office (USPTO). In fact, trademark owners are urged by trademark attorneys to select distinctive marks solution to to be able to, upon used interstate commerce, be registered there and have numerous presumptions while validity, ownership, and notice. However, the Supplemental Register also has value, especially once the alternative is away from the question when you’re getting started.
Before the great things about being supplementally registered is discussed, advised that you understand that that your supplemental registration doesn’t provide. Marks typically be relegated to the Supplemental Register because, at the request of the USPTO examining attorney, the marks are merely descriptive and therefore not a distinctive identifier of the source of the services or goods to which the potential pertains. Such placement does not pay the exclusive right unit the mark in commerce in connection with its identified goods or services. Equally important, it does not serve as prima facie evidence of this validity of the registered mark or of the trademark registrant’s ownership of the mark. Finally, it may an admission how the mark is not inherently distinctive.
While these drawbacks obviously warrant a mark owner’s hopeful registered on the principal Register, a supplemental registration has primary advantages of its own. In fact, some entities choose to have a brand that tells consumers what everyone they are offering (e.g. Pizza Restaurant) as opposed for inherently distinctive mark (.e.g. Domino’s) that needs effort to create consumer recognition. Such marks are not going to warrant principal placement, whilst they be supplementally licensed. After five years on the Supplemental Register, Online Logo Search India the mark may qualify for the main Register due to it having acquired distinctiveness. It is worth noting that both allow the owner to use the registered trademark symbol, sue in federal court, and advantages of certain international agreements.
Thus, any registration with the USPTO is better than having no trademark registration at all. While ultimately the Principal Register provides the best results and best protection, the Supplemental Register should be considered where an entity prefers what is likely a merely descriptive mark at the outset or did not acquire the requisite distinctiveness to be registered on where lots of deem as favored spot.