Most people are aware of the numerous benefits of owning a trademark registration close to the Principal Register from 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 used interstate commerce, be registered there and enjoy numerous presumptions while validity, ownership, and notice. However, the Supplemental Register also provides value, especially once the alternative is associated with your the question the first time.
Before the benefits of being supplementally registered is discussed, it is important to understand that that your supplemental registration doesn’t provide. Marks are often 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 pay the exclusive right to use the mark in commerce in expertise of 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 from the mark. Finally, it may be an admission that the mark is not inherently distinctive.
While these drawbacks obviously warrant a mark owner’s hopeful registered on the principal Register, a supplemental registration has benefits of its own. In fact, some entities choose to have a brand that tells consumers what is actually always they are offering (e.g. Pizza Restaurant) as opposed for 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 there having acquired distinctiveness. It is worth noting that both allow the owner to use the registered trademark symbol, sue in federal court, and leverage on certain international treaties.
Thus, any LLP Registration Online India 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 likely a merely descriptive mark at the outset or didn’t acquire the requisite distinctiveness to be registered on where many deem as the preferred spot.