Hallmark Registration on the Supplemental Register

Most people know the of the numerous benefits of having a trademark registration in regards to the Principal Register belonging to the United States Patent and Trademark Office (USPTO). In fact, online Trademark attorney in india 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 enjoy numerous presumptions since validity, ownership, and notice. However, the Supplemental Register has the benefit of value, especially once the alternative is away from the question the first time.

Before the advantages of being supplementally registered is discussed, should always understand that which a 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 the source of the goods or services to which the mark pertains. Such placement does not afford the exclusive right also included with the mark in commerce in connection with its identified goods or services. Equally important, it does not serve as prima facie evidence of your validity of the registered mark or of the trademark registrant’s ownership of this mark. Finally, it’s an admission how 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 great things about its own. In fact, some entities choose to have a brand that tells consumers what is usually 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, even though 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 leverage on certain international agreements.

Thus, any registration with the USPTO is better than having no trademark registration at everything. 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.