Most people are aware of the numerous benefits of having a trademark registration close to the Principal Register of 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 easily use in interstate commerce, be registered there and enjoy numerous presumptions because validity, ownership, and notice. However, the Supplemental Register comes with value, especially once the alternative is beyond the question initially.
Before the great things about 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 objective pertains. Such placement does not give the exclusive right on this the mark in commerce in experience with its identified services or goods. 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 of the mark. Finally, it is an admission that the mark is not inherently distinctive.
While these drawbacks obviously warrant a mark owner’s desire to be registered on the main Register, a supplemental registration has advantages of its own. In fact, some entities choose to possess a Online Brand Name Registration India that tells consumers what this is they are offering (e.g. Pizza Restaurant) as opposed a good inherently distinctive mark (.e.g. Domino’s) demands effort to create consumer recognition. Such marks are not going to warrant principal placement, though they be supplementally outlined. 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 completely. 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 to be a merely descriptive mark at the outset or has failed to acquire the requisite distinctiveness to be registered on where lots of deem as the preferred spot.