Most people comprehend of the numerous benefits of owning a trademark registration close to the Principal Register belonging to the United States Patent and Trademark Lawyer 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 revel in numerous presumptions while validity, ownership, and notice. However, the Supplemental Register has the benefit of value, especially when the alternative is your own the question initially.
Before the great things about being supplementally registered is discussed, when you 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 the source of the goods or services to which the potential pertains. Such placement does not afford the exclusive right unit the mark in commerce in expertise of its identified services or goods. 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 primary Register, a supplemental registration has advantages of its own. In fact, some entities choose to possess a brand that tells consumers what everyone they are offering (e.g. Pizza Restaurant) as opposed a good 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 registered. After five years on the Supplemental Register, the mark may qualify for the principal 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 advantage of 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 is probably a merely descriptive mark at the outset or didn’t acquire the requisite distinctiveness to be registered on where lots of deem as the preferred spot.