Most people are aware of the numerous benefits of owning a trademark registration close to the Principal Register of your United States Patent and Trademark Office (USPTO). In fact, trademark owners are urged by trademark attorneys to select distinctive marks in order to be able to, upon use in interstate commerce, be registered there and watch numerous presumptions for example validity, ownership, and notice. However, the Supplemental Register even offers value, especially as soon as the alternative is beyond the question at the beginning.
Before the great things about being supplementally registered is discussed, should always understand that which a supplemental registration does not provide. Marks frequently 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 goods or services to which the potential pertains. Such placement does not afford the exclusive right also included with the mark in commerce in experience with its identified services or goods. Equally important, it does not serve as prima facie evidence from the validity of the registered mark or of the trademark registrant’s ownership of your mark. Finally, it’s 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 great things about its own. In fact, some entities choose to have a brand that tells consumers what it is 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, even though they be supplementally licensed. After five years on the Supplemental Register, the mark may qualify for the main Register due going without having acquired distinctiveness. It is worth noting that both allow the owner to use the registered Trademark Lawyer in India 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 most benefits and best protection, the Supplemental Register should be considered where an entity prefers what is probably a merely descriptive mark at the outset or didn’t acquire the requisite distinctiveness to be registered on where lots of deem as favored spot.