Most people are aware of the numerous benefits of owning a trademark registration on 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 revel in numerous presumptions because validity, ownership, and notice. However, the Supplemental Register also provides value, especially once the alternative is your own the question at the beginning.
Before the advantages of being supplementally registered is discussed, it is important to 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 goods or services to which the mark pertains. Such placement does not afford the exclusive right also included with the mark in commerce in connection 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 this mark. Finally, it may be an admission that the mark is not inherently distinctive.
While these drawbacks obviously warrant a mark owner’s wish to be registered on the primary Register, a supplemental registration has benefits associated with its own. Online LLP Incorproration in India fact, some entities choose to possess a brand that tells consumers what is usually they are offering (e.g. Pizza Restaurant) as opposed to an inherently distinctive mark (.e.g. Domino’s) demands effort to create consumer recognition. Such marks are not going to warrant principal placement, though they be supplementally licensed. After five years on the Supplemental Register, the mark may qualify for the principal Register due going without having acquired distinctiveness. It is worth noting that both allow the owner to use the registered trademark symbol, sue in federal court, and profit by certain international agreements.
Thus, any registration with the USPTO is better than having no trademark registration at completely. While ultimately the Principal Register provides the most benefits and best protection, the Supplemental Register should be considered where an entity prefers what may be a merely descriptive mark at the outset or didn’t acquire the requisite distinctiveness to be registered on where lots of deem as the preferred spot.