What Does Registered-principal Register Mean In Trademark

Supplemental Register vs. Principal Register

The issue of Supplemental Register vs. Principal Register frequently arises during the US trademark application process. If you've read my commodity titled "What is the Supplemental Register for United states Trademarks?," you already know that the United states Patent and Trademark Function (USPTO) maintains two separate trademark registers. To recap, the Principal Register is reserved for trademarks that are considered under the constabulary to be "distinctive." In contrast, the Supplemental Register is for non-distinctive marks, which are trademarks that have not yet acquired distinctiveness or "secondary significant" in the minds of consumers. I encourage you lot to read my previous article regarding the Supplemental Register so that you better sympathize the information presented hither.

Supplemental Register vs. Principal Register – Similarities

Although there are some very important differences between the Supplemental Annals and the Principal Register in terms of benefits and protections, I think information technology may be all-time to first summarize how they are similar. A registration on either the Principal Annals or the Supplemental Register:

provides yous with the right to use the ® registered trademark symbol in conjunction with your trademark
prevents the registration of trademarks that are probable to cause confusion with your trademark
may be used equally a basis for seeking protection of your trademark in certain foreign countries through the Madrid Protocol
is listed in the USPTO database, which puts the public on notice of your trademark registration and potentially deters others from adopting a confusingly similar trademark
may exist used as a footing for filing a lawsuit for trademark infringement in federal court

Supplemental Register vs. Main Register – Differences

But, what are the differences when it comes to Supplemental Register vs. Principal Annals? Well, a registration on the Principal Register is prima facie evidence of (1) the validity of the registered trademark, (2) ownership of the registered trademark, and (three) the nationwide exclusive right to use the registered trademark in commerce in connection with the products/services listed in the registration. This substantially means that the owner of a trademark registered on the Principal Annals never has to rely on common law trademark rights every bit a ground for pursuing a trademark infringement lawsuit against an declared infringer. Rather, the owner gets to walk into courtroom and simply present the Certificate of Registration as show of the validity, ownership, and sectional right to utilise the trademark in commerce. No further proof of validity, ownership, or use is required. The burden and so shifts to the defendant to present bear witness and arguments that the use of the allegedly infringing marker doesn't violate the rights of the registered trademark owner.

On the other paw, a registration on the Supplemental Register doesn't provide those valuable benefits. Instead, the owner of a registration on the Supplemental Register would take to prove ownership of the trademark and that the trademark is valid (distinctive) past presenting and authenticating actual evidence. Moreover, the owner would take to demonstrate to the satisfaction of the court that there has been sufficient employ of the mark in commerce such that the possessor has acquired enforceable common police trademark rights in the relevant geographic area. As yous tin can imagine, this can be an extremely expensive and fourth dimension-consuming endeavor that may ultimately exist unsuccessful.

The other major difference regarding Supplemental Annals vs. Primary Annals is that a Primary Register registration that's over five years sometime can only be challenged under very limited circumstances. In addition, a mark that has been registered on the Primary Register for over five years can become "incontestable" by filing the Section 15 Announcement of Incontestability. Conversely, a registration on the Supplemental Register tin can be challenged at whatever fourth dimension on whatsoever grounds, and a mark registered on the Supplemental Annals can never achieve incontestable status.

Still Confused About the Two Registers?

Although the Supplemental Register provides some limited benefits and protections, they are not nearly as broad and comprehensive as those yous receive with a registration on the Principal Register. That'south why you desire to obtain a registration on the Principal Register if at all possible.

I'grand experienced U.s. trademark attorney Morris Turek. If you're still a lilliputian unsure about the differences between the Supplemental Register and the Principal Annals and how they might utilize to your particular situation, please feel free to contact me for an absolutely gratuitous consultation. I may exist reached via email (morris@yourtrademarkattorney.com), by telephone at (314) 749-4059, or by sending me a brief bulletin through my contact form (below). I look forrad to speaking with you shortly.