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 in order to be able to, upon easily use in interstate commerce, be registered there and enjoy numerous presumptions for example validity, ownership, and notice. However, the Supplemental Register also provides value, especially when the alternative is associated with your the question most important.
Before the advantages of being supplementally registered is discussed, it is important to understand that which a supplemental registration doesn’t 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 supply of the goods or services to which the potential pertains. Such placement does not give 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 of the validity of the registered mark or of the Online Trademark Public Search India registrant’s ownership from the mark. Finally, it may be an admission that the mark is not inherently distinctive.
While these drawbacks obviously warrant a mark owner’s try to be registered on the key Register, a supplemental registration has benefits associated with 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 with regard 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, meant for be supplementally created. After five years on the Supplemental Register, the mark may qualify for the principal 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 benefit from certain international treaties.
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 usually a merely descriptive mark at the outset or did not acquire the requisite distinctiveness to be registered on where many deem as favored spot.