Monday, April 1, 2013

What Good are Marks on the Supplemental Register?

My trademark application was rejected as being merely descriptive and I was told that the mark could be moved to the Supplemental Register. Should I do it? Yes, do it. When your mark describes the goods or services, and it lacks enough juice (secondary meaning) to be registered on the Principal Register, it's almost always worthwhile to register the mark  on the Supplemental Register (as we explain in this article). The Supplemental Register is a "waiting room" for weak or descriptive marks and your mark's presence there will serve as a presumptive "block" to anyone seeking to register a similar mark for similar goods. (Plus you can use the ® symbol.) After five years on the Supplemental Register, the mark becomes eligible for the Principal Register, provided that the owner can demonstrate that consumers associate the mark with the company (a presumption that's made after five years).

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