Brand Registration on the Supplemental Register

Most people comprehend of the numerous benefits of owning a trademark registration in regards 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 to become to be able to, upon use in interstate commerce, be registered there and have numerous presumptions since validity, ownership, and notice. However, the Supplemental Register even offers value, especially once the alternative is your own the question at the beginning.

Before the primary advantages of being supplementally registered is discussed, when you understand that that your supplemental registration does not provide. Marks occasionally 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 mark pertains. Such placement does not pay the exclusive right added with the mark in commerce in expertise of its identified goods or services. Equally important, it does not serve as prima facie evidence of this validity of the registered mark or of the trademark registrant’s ownership of this mark. Finally, it’s an admission that the mark is not inherently distinctive.

While these drawbacks obviously warrant a mark owner’s desire to be registered on the principal Register, a supplemental registration has primary 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 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, though they be supplementally outlined. After five years on the Supplemental Register, the mark may qualify Apply for Trademark Online the primary 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 profit by certain international agreements.

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 may be a merely descriptive mark at the outset or did not acquire the requisite distinctiveness to be registered on where many deem as favored spot.