Most people understand of the numerous benefits of owning a trademark registration within Principal Register from the United States Patent and Trademark Office (USPTO). In fact, trademark owners are urged by trademark attorneys to select distinctive marks solution to to be able to, upon used interstate commerce, be registered there and revel in numerous presumptions while validity, ownership, and notice. However, the Supplemental Register comes with value, especially when the alternative is away from the question at the beginning.
Before the advantages of being supplementally registered is discussed, should always understand that which a supplemental registration doesn’t 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 services or goods to which the potential pertains. Such placement does not afford the exclusive right unit 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 of this mark. Finally, it may an admission that the mark is not inherently distinctive.
While these drawbacks obviously warrant a mark owner’s should be registered on the principal Register, a supplemental registration has benefits of its own. limited liability Partnerhsip Agreement in India fact, some entities choose to possess a brand that tells consumers what this is they are offering (e.g. Pizza Restaurant) as opposed with regard 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 licensed. 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 agreements.
Thus, any registration with the USPTO is better than having no trademark registration at all. While ultimately the Principal Register provides the best results and best protection, the Supplemental Register should be considered where an entity prefers what may be a merely descriptive mark at the outset or didn’t acquire the requisite distinctiveness to be registered on where many deem as favored spot.