Signature Registration on the Additional Register

Most people are aware of the numerous benefits of having a trademark registration in regards to the Principal Register for the United States Patent and Trademark Office (USPTO). In fact, Online Trademark Application India 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 enjoy numerous presumptions while validity, ownership, and notice. However, the Supplemental Register also has value, especially when the alternative is beyond the question the first time.

Before the great things about being supplementally registered is discussed, should always 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 the source of the services or goods to which the mark pertains. Such placement does not pay the exclusive right on this the mark in commerce in a connection with its identified services or goods. 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 how the mark is not inherently distinctive.

While these drawbacks obviously warrant a mark owner’s desire to be registered on the primary Register, a supplemental registration has great things about its own. In fact, some entities choose to possess a brand that tells consumers what it is they are offering (e.g. Pizza Restaurant) as opposed a good inherently distinctive mark (.e.g. Domino’s) that requires 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 main Register due with out having acquired distinctiveness. It is worth noting that both allow the owner to use the registered trademark symbol, sue in federal court, and advantages of certain international agreements.

Thus, any registration 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 to be a merely descriptive mark at the outset or did not acquire the requisite distinctiveness to be registered on where many deem as the preferred spot.