Most people are aware of the numerous benefits of having a trademark registration close to the Principal Register belonging to the United States Patent and Online Trademark Filing in India 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 enjoy numerous presumptions because validity, ownership, and notice. However, the Supplemental Register also has value, especially once the alternative is beyond the question the first time.
Before the benefits associated with being supplementally registered is discussed, it is important to understand that that your supplemental registration does not 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 objective pertains. Such placement does not pay for the exclusive right to use the mark in commerce in expertise of its identified goods or services. Equally important, it does not serve as prima facie evidence belonging to the validity of the registered mark or of the trademark registrant’s ownership within the mark. Finally, it may an admission how the mark is not inherently distinctive.
While these drawbacks obviously warrant a mark owner’s try to be registered on the principal Register, a supplemental registration has great things about its own. In fact, some entities choose to possess a brand that tells consumers what is usually 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, though they be supplementally disclosed. After five years on the Supplemental Register, the mark may qualify for the main Register due going without 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 any. While ultimately the Principal Register provides the best results and best protection, the Supplemental Register should be considered where an entity prefers what usually a merely descriptive mark at the outset or didn’t acquire the requisite distinctiveness to be registered on where lots of deem as favored spot.