Most people know the of the numerous benefits of owning a trademark registration in regards 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 a position to be able to, upon use in interstate commerce, be registered there and have numerous presumptions because validity, ownership, and notice. However, the Supplemental Register also has value, especially once the alternative is away from the question initially.

Before the primary advantages of being supplementally registered is discussed, you’ll want to understand that which a 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 services or goods to which the mark pertains. Such placement does not give the exclusive right to use the mark in commerce in a connection with 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 within 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 key Register, a supplemental registration has benefits 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) demands effort to create consumer recognition. Such marks are not going to warrant principal placement, meant for be supplementally outlined. After five years on the Supplemental Register, Online TM Search India 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 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 likely a merely descriptive mark at the outset or has failed to acquire the requisite distinctiveness to be registered on where lots of deem as favored spot.