Logo Registration on the Additional Register
Most people know the of the numerous benefits of having a trademark registration close to the Principal Register from 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 savor numerous presumptions because validity, ownership, and notice. However, the Supplemental Register has the benefit of value, especially when the alternative is away from the question initially.
Before the advantages of being supplementally registered is discussed, should always understand that that your supplemental registration doesn’t 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 services or goods to which the potential pertains. Such placement does not pay the exclusive right to use the mark in commerce in a connection with its identified services or goods. Equally important, it does not serve as prima facie evidence of this validity of the registered mark or of the trademark registrant’s ownership from the mark. Finally, it is 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 benefits associated with its own. In fact, some entities choose to have 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 needs 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 to it 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 agreements.
Thus, any Online Logo Registration in India with the USPTO is better than having no trademark registration at any. While ultimately the Principal Register provides the best results and best protection, the Supplemental Register should be considered where an entity prefers what usually 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.