Trademark registration in the complementary registry

Most people are aware of the many benefits of owning a trademark registration with the Principal Registry of the United States Patent and Trademark Office (USPTO). In fact, trademark attorneys urge trademark owners to select distinctive marks in order, when used in interstate commerce, to register there and enjoy numerous presumptions, such as validity, ownership, and notice. However, the Supplemental Registry also has value, especially when the alternative is out of the question initially.

Before the benefits of being a supplemental registered are discussed, it is important to understand what a supplemental registration does not provide. Trademarks are often relegated to the Supplemental Registry because, at the request of the USPTO examining attorney, the trademarks are merely descriptive and therefore are not a distinctive identifier of the source of the goods or services to which the trademark belongs. . Such placement does not grant the exclusive right to use the mark in commerce in relation to your identified products or services. Equally important, it does not serve as a prima facie evidence of the validity of the trademark or the ownership of the trademark by the trademark registrant. Finally, it may be an admission that the brand is not inherently distinctive.

While these drawbacks obviously justify a trademark owner’s desire to be registered in the Main Registry, a supplementary registry has its own benefits. In fact, some entities choose to have a brand that tells consumers what they are offering (for example, a pizza restaurant) rather than an inherently distinctive brand (.eg Domino’s®) that requires effort to create customer recognition. consumer. These marks will not justify the main placement, although they are registered in a complementary manner. After five years in the Complementary Registry, the trademark can qualify for the Main Registry by having acquired distinctive character. It’s worth noting that both allow the owner to use the trademark symbol ®, sue in federal court, and take advantage of certain international treaties.

Therefore, any registration with the USPTO is better than no trademark registration at all. While the main Registry ultimately provides the most benefits and the best protection, the Supplementary Registry should be considered when an entity prefers what is likely to be a purely descriptive mark from the outset or has failed to acquire the necessary distinctive character. to register where many consider to be the preferred location.

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