Most people know the of the numerous benefits of having a trademark registration close to the Principal Register of the United States Patent and Trademark Office (USPTO). In fact, trademark owners are urged by trademark attorneys to select distinctive marks that you simply can to be able to, upon used 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 away from the question initially.
Before the advantages of being supplementally registered is discussed, should always understand that that your supplemental registration does not provide. Marks occasionally 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 supply of the services or goods to which the objective pertains. Such placement does not afford 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 from the validity of the registered mark or of the Online Trademark Registration in India registrant’s ownership of your mark. Finally, it may an admission how the mark is not inherently distinctive.
While these drawbacks obviously warrant a mark owner’s should be registered on the main Register, a supplemental registration has great things about its own. In fact, some entities choose to possess a brand that tells consumers what this is they are offering (e.g. Pizza Restaurant) as opposed to an inherently distinctive mark (.e.g. Domino’s) that requires effort to create consumer recognition. Such marks are not going to warrant principal placement, whilst they be supplementally created. After five years on the Supplemental Register, the mark may qualify for the principal Register due there 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 everything. While ultimately the Principal Register provides the most benefits and best protection, the Supplemental Register should be considered where an entity prefers what is likely to be a merely descriptive mark at the outset or has failed to acquire the requisite distinctiveness to be registered on where many deem as the preferred spot.