Most people understand of the numerous benefits of owning a trademark registration in regards to the 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 use in interstate commerce, be registered there and enjoy numerous presumptions for example validity, ownership, and notice. However, the Supplemental Register also has value, especially as soon as the alternative is out of the question when you’re getting started.
Before the advantages of being supplementally registered is discussed, it is important to understand that which a supplemental registration does not provide. Marks tend to 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 potential pertains. Such placement does not pay the exclusive right unit the mark in commerce in expertise of its identified services or goods. Equally important, it does not serve as prima facie evidence of your validity of the registered mark or of the Trademark Agent In India registrant’s ownership of the mark. Finally, it is an admission how 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 advantages of its own. In fact, some entities choose to possess 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 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 take advantage 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 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.