Most people understand of the numerous benefits of having a trademark registration on the Principal Register from the United States Patent and Trademark Registration India Online 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 watch numerous presumptions since validity, ownership, and notice. However, the Supplemental Register has the benefit of value, especially when the alternative is out of the question the first time.

Before the benefits associated with being supplementally registered is discussed, advised that you understand that that your supplemental registration does not 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 supply of the services or goods to which the objective pertains. Such placement does not spend the money for exclusive right also included with 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 of the mark. Finally, regardless of how an admission that the mark is not inherently distinctive.

While these drawbacks obviously warrant a mark owner’s should be registered on the primary Register, a supplemental registration has benefits of its own. In fact, some entities choose to possess 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, whilst they be supplementally registered. 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 take advantage of certain international treaties.

Thus, any registration with the USPTO is better than having no trademark registration at completely. While ultimately the Principal Register provides the most benefits and best protection, the Supplemental Register should be considered where an entity prefers what is probably a merely descriptive mark at the outset or didn’t acquire the requisite distinctiveness to be registered on where lots of deem as the preferred spot.