Most people comprehend of the numerous benefits of having a trademark registration on Principal Register belonging to 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 easily use in interstate commerce, be registered there and have numerous presumptions such as validity, ownership, and notice. However, the Supplemental Register comes with value, especially when the alternative is out of the question when you’re getting started.
Before the great things about 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 objective pertains. Such placement does not pay the exclusive right unit the mark in commerce in experience with its identified goods or services. Equally important, it does not serve as prima facie evidence belonging to the validity of the registered mark or of the trademark registrant’s ownership of your mark. Finally, it may be an admission how the mark is not inherently distinctive.
While these drawbacks obviously warrant a mark owner’s hopeful registered on the main Register, a supplemental registration has benefits associated with its own. In fact, some entities choose to have a brand that tells consumers what is actually always they are offering (e.g. Pizza Restaurant) as opposed a good inherently distinctive mark (.e.g. Domino’s) that requires effort to create consumer recognition. Such marks are not going to warrant principal placement, although 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 attorney 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 any. 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 many deem as the preferred spot.