Most people know the of the numerous benefits of owning a trademark registration on Principal Register of your 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 revel in numerous presumptions such as validity, ownership, and notice. However, the Supplemental Register comes with value, especially as soon as the alternative is your own the question initially.
Before the primary 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 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 connection with its identified goods or services. Equally important, it does not serve as prima facie evidence of your validity of the registered mark or of the trademark registrant’s ownership of the mark. Finally, it’s an admission that the mark is not inherently distinctive.
While these drawbacks obviously warrant a mark owner’s desire to be registered on the key 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 it is they are offering (e.g. Pizza Restaurant) as opposed for inherently distinctive mark (.e.g. Domino’s) demands effort to create consumer recognition. Such marks are not going to warrant principal placement, although they be supplementally registered. After five years on the Supplemental Register, the mark may qualify for the main Register due there 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 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 has failed to acquire the requisite distinctiveness to be registered on where many deem as favored spot.