Copyright Law Blog

Trademark Registration on the Supplemental Register

July 27th, 2009 at 12:42pm Under trademark law

Most people are aware of the numerous benefits of owning a trademark registration on the Principal Register of the United States Patent and Trademark Office (USPTO). In fact, trademark owners are urged by trademark attorneys to select distinctive marks in order to be able to, upon use in interstate commerce, be registered there and enjoy numerous presumptions such as validity, ownership, and notice. However, the Supplemental Register also has value, especially when the alternative is out of the question initially.

Before the benefits of being supplementally registered is discussed, it is important to understand that which a 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 goods or services to which the mark pertains. Such placement does not afford the exclusive right to use the mark in commerce in connection with its identified goods or services. 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, it may be an admission that 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 of 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 to an 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 registered. After five years on the Supplemental Register, the mark may qualify for the Principal Register due to it having acquired distinctiveness. It is worth noting that both allow the owner to use the registered trademark ® symbol by ???????, sue in federal court, and take advantage of certain international treaties.

Thus, any registration with the USPTO is better than having no trademark registration at all. 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 many deem as the preferred spot. Brian A. Hall is an attorney and partner of Traverse Legal, PLC, a ??????????? ???????? ????? firm focused on complex litigation, intellectual property matters, internet law and trademark prosecution. Speak with a trademark attorney today and learn more about the numerous benefits of owning a trademark registration on the Principal Register of the United States Patent and Trademark Office (USPTO).

India Trademarks – Get Details about india trademarks,indian trademark registration, trademark news, trademark lookup, india trademark office

July 14th, 2009 at 06:43pm Under trademark law

A ‘Mark` may consist of a word or invented word, signature, device, letter, numeral, brand, heading, label, name written in a particular style, the shape of goods other than those for which a mark is proposed to be used, or any combination thereof or a combination of colors and so forth. Subject to certain conditions, a trademark may also be symbolized by the name of a person, living or dead. For the purpose of registration, a mark chosen should be capable of distinguishing goods or services of one person from those of the others. Further it should not be deceptively similar to an existing mark of another person and not the one expressly prohibited under the Act. The marks devoid of any distinctive character, or which are only indicative of the kind, quality, quantity, purpose, value or geographical origin of the goods, or which are marks already in vogue in the trade due to their customary use may not be registered. But these disqualifications do not apply to marks, which have already acquired distinction due to their popularity and consistent use. Internationally acclaimed brand names are freely available for use in India. The trademark registration confers upon the owner the exclusive right to the use of the registered trade mark and indicates so by using the symbol (R) in relation to the goods or services in respect of which the mark is registered and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar mark due to special circumstances such exclusive right does not operate against each other.Under modern business condition a trade mark performs four functions:•    It identifies the goods / or services and its origin. •    It guarantees its unchanged quality •    It advertises the goods/services •    It creates an image for the goods/ services.We offer very comprehensive India Trademark Services. We cover all the needs of our clients beginning from Trademark Search, Trademark Filing, Trademark oppositions and Appeals. We also provide Trademark Enforcement services. We provide Comprehensive India Trademark Search facility where we conduct a search in the India Trademarks Registry covering India Trademark Database that includes all Trademarks issued and Pending Trademark Applications whether they are published in the official journal or unpublished. This low cost paid comprehensive India Trademark Search is conducted in the database of trade marks and service marks that are registered and advertised before acceptance in the Trade mark Journal published by the Trade Mark Registry. Please see our India Trade Mark classification page to know to which class your goods or services may belong to. We provide India Trademark Registration services and we have experienced India Trademark Attorneys in our panel of consultants. Please see the requirements, time taken, cost and other details at India Trademark Registration Our Low-Cost India Trademark Watch service enables you to utilize our service wherein we watch for any mark conflicting with your trademarks advertised in the India Trademark Journal of India and notify you in time so you can file Trademark Opposition to such marks. We also notify you for your Trademark Renewal. In addition we also conduct Trademark Enforcement actions and assist to prevent Trademark Infringement of your trademarks in India.