Most people know the of the numerous benefits of owning a trademark registration on 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 enjoy numerous presumptions for example validity, ownership, and notice. However, the Supplemental Register even offers value, especially as soon as the alternative is away from the question at the beginning.

Before the benefits of being supplementally registered is discussed, you’ll want to understand that that your 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 the source of the goods or services to which the mark pertains. Such placement does not give the exclusive right on this the mark in commerce in a connection with its identified goods or services. Equally important, it does not serve as prima facie evidence of the validity of the registered mark or of the trademark registrant’s ownership within the mark. Finally, regardless of how an admission that the mark is not inherently distinctive.

While these drawbacks obviously warrant a mark owner’s wish to be registered on the primary Register, Online Logo Search India a supplemental registration has advantages of its own. In fact, some entities choose to have 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) demands effort to create consumer recognition. Such marks are not going to warrant principal placement, although they be supplementally outlined. After five years on the Supplemental Register, the mark may qualify for the principal Register due with out 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 probably a merely descriptive mark at the outset or did not acquire the requisite distinctiveness to be registered on where many deem as favored spot.