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 Office (USPTO). In fact, trademark owners are urged by trademark attorneys to select distinctive marks in order to be able to, upon inside interstate commerce, be registered there and enjoy numerous presumptions such as validity, ownership, and notice. However, the Supplemental Register also has value, especially once the alternative is away from the question when you're getting started.
Before the benefits associated with being supplementally registered is discussed, should always understand that which a 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 supply of the services or goods to which the potential pertains. Such placement does not pay the exclusive right on this the mark in commerce in connection with its identified goods or services. Equally important, it does not serve as prima facie evidence Online Formation of LLP in India your validity of the registered mark or of the trademark registrant's ownership within the mark. Finally, it is an admission that the mark is not inherently distinctive.
While these drawbacks obviously warrant a mark owner's wish to be registered on the main Register, a supplemental registration has advantages of its own. In fact, some entities choose to have 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) that requires 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 key 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 profit by certain international agreements.
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 lots of deem as the preferred spot.