Most people are aware of the numerous benefits of owning a trademark registration on Principal Register for 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 easily use in interstate commerce, be registered there and watch numerous presumptions since validity, ownership, and notice. However, the Supplemental Register even offers value, especially when the alternative is your own the question at the beginning.

Before the benefits associated with being supplementally registered is discussed, advised that you understand that that your supplemental registration does not provide. Marks frequently 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 experience with its identified services or goods. Equally important, it does not serve as prima facie evidence from the validity of the registered mark or of the trademark registrant’s ownership of the mark. Finally, it’s an admission that the mark is not inherently distinctive.

While these drawbacks obviously warrant a mark owner’s hopeful registered on the primary Register, a supplemental registration has great things about its own. In fact, some entities choose to have a Online Brand Name Search India that tells consumers what is usually 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 created. After five years on the Supplemental Register, the mark may qualify for the key 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 take benefit from 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 most benefits 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 the preferred spot.