Most people are aware of the numerous benefits of having a trademark registration within Principal Register from 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 used interstate commerce, be registered there and have numerous presumptions because validity, ownership, and notice. However, the Supplemental Register comes with value, especially once the alternative is beyond the question when you’re getting started.
Before the benefits associated with being supplementally registered is discussed, should always understand that which a supplemental registration doesn’t 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 the source of the services or goods to which the potential pertains. Such placement does not give 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 from the validity of the registered mark or of the trademark registrant’s ownership of your mark. Finally, regardless of how an admission how the mark is not inherently distinctive.
While these drawbacks obviously warrant a mark owner’s hopeful registered on the principal Register, a supplemental registration has benefits of its own. In fact, some entities choose to possess a Online Brand Name Registration India that tells consumers what is usually 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, meant for be supplementally disclosed. After five years on the Supplemental Register, the mark may qualify for the primary 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 all. 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 lots of deem as favored spot.