Most people are aware of the numerous benefits of having a trademark registration within Principal Register for the United States Patent and Trademark Office (USPTO). In fact, trademark owners are urged by trademark attorneys to select distinctive marks in a position to be able to, upon use in interstate commerce, be registered there and savor numerous presumptions because validity, ownership, and notice. However, the Supplemental Register also has value, especially once the alternative is your own the question initially.
Before the advantages of being supplementally registered is discussed, when you understand that which a supplemental registration does not 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 supply of the goods or services to which the objective 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 of this validity of the registered mark or of the trademark registrant’s ownership from the mark. Finally, it may be an admission how the mark is not inherently distinctive.
While these drawbacks obviously warrant a mark owner’s should be registered on the primary Register, a supplemental registration has primary advantages of its own. In fact, some entities choose to have a Online Brand Name Registration India that tells consumers what this is they are offering (e.g. Pizza Restaurant) as opposed to an inherently distinctive mark (.e.g. Domino’s) demands effort to create consumer recognition. Such marks are not going to warrant principal placement, whilst they be supplementally registered. After five years on the Supplemental Register, the mark may qualify for the principal Register due going without running shoes having acquired distinctiveness. It is worth noting that both allow the owner to use the registered trademark symbol, sue in federal court, and leverage on 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 best results and best protection, the Supplemental Register should be considered where an entity prefers what is likely a merely descriptive mark at the outset or didn’t acquire the requisite distinctiveness to be registered on where many deem as favored spot.