Advisory Services
Audit
Consulting
ESG Advisory
RBI Registration
SEBI Registration
IRDA Registration
FEMA Advisory
Compliances
IBC Services
VCFO Services
Growing
Developing
ME-1
ME-2
EU-1
EU-2
SE
Others
Select Your Location
Do you have any idea about trademarks? A trademark is a name or symbol that a company uses on its products. Trademark also protects the rights of the owner over its product, sign, design etc. The concept of supplemental trademark registration and Principal trademark registration exists in the USA. If a trademark owner is holding supplemental trademark registration in the USA and is willing to convert trademark the same into Principal registration in another country other than the USA. For example India.
Here in this blog, we would update you regarding the conversion process. Further, we would guide you about what supplemental trademark and principal trademark is.
Table of Contents
The United States Trademark Act provides two types of registration of trademark with the United States Patent and Trademark Office. These two types of registrations are:
This is meant for those trademarks which are mostly arbitrary and suggestive.
Supplemental registration is treated as the secondary registration of the trademarks.
Moreover, Supplemental registration is only meant for descriptive trademarks which have not acquired any distinctiveness (easily distinguishable). It allows domestic registration of a trademark which does not fulfill all the requirements of Principal registration.
Under the United States Trademark Act, Principal registration varies from supplemental registration. There are numerous differences between Principal registration and supplemental registration. The difference between principal registration and supplemental registration is given below in tabular form:
2) Principal trademark registration gives exclusive rights to the trademark owner to use his/her trademark.
3) Through Principal registration, a trademark owner is entitled to get unlimited protection in respect of his/her trademark
4) Under Principal Trademark registration, the owner of a trademark gets unlimited protection in respect of his/her trademark
2) Under Supplemental trademark registration, a trademark owner is not required to prove or show his continuous rights in the trademark.
3) However, Supplemental trademark registration never gives exclusive rights to the trademark owner to use his/her trademark.
4) But under Supplemental registration, the protection is limited in comparison to Principal trademark registration.
If an owner of a trademark takes Principal registration, then he/she is entitled to avail a number of benefits and advantages. The list of the advantages of Principal registration is discussed below:
Though a Supplemental Trademark registration provides basic protection to your trademark, however, it never gives you certain rights. The reasons not to use the Supplemental Trademark registration are as follows:
There are certain marks which cannot be registered under supplemental trademark registration. These are as follows:
Please note that a trademark registered under Supplemental registration cannot be converted to a principal registration.
However, to get the registration of the trademark in Principal registration, the trademark owner needs to produce proof that his/her mark acquired distinctiveness. However, the trademark owner after five years of continued use of the trademark can apply for Principal registration. As proof, the owner of the trademark can produce sales receipts, advertisements, and brochures of his/her trademark.
Section 2(f) of U.S. Trademark Act permits the trademark registration in Principal register if the owner of the trademark acquired distinctiveness relating to the goods or services.
Under the US Trademark Act, principal registration is best for registration of a trademark. Through Principal registration, a trademark owner is eligible to get many rights and benefits. Principal registration gives exclusive rights to the owner to use the trademark. If any trademark owner takes registration under supplemental registration then it will be advisable to convert same into Principal registration.
Enterslice provides best and affordable service relating to trademark registration. To know more about the trademark registration, contact us.
Experienced Finance and Legal Professional with 12+ Years of Experience in Legal, Finance, Fintech, Blockchain, and Revenue Management.
On 11.12.15, the Hon’ble Delhi High Court (HC) pronounced a landmark judgement in the case ti...
Money laundering can be defined as the process of illegal concealment of the origin of money ob...
Every assessee in India is obligated to file an income tax return and make the timely payment o...
In the recent past, India has seen burgeoning demand for internet and smartphones. The rapid ri...
The Securities and Exchange Board of India (SEBI), the capital markets regulator, has recommend...
The objective of the enactment of the Prevention of Money-laundering Act, 2002, i.e. PMLA (the...
Tax planning is a continuing effort and a management strategy for ensuring the minimization of...
On 18th May 2023, the Securities Exchange Board of India (SEBI) released a Consultation Paper o...
Infrastructure and real estate have been regarded as India's "sunshine sector" since the turn o...
On 22nd May 2023, the Central Board of Direct Taxes (CBDT)[1] issued a new circular under secti...
Are you human?: 1 + 7 =
Easy Payment Options Available No Spam. No Sharing. 100% Confidentiality
Rights in the trademark can be assigned through a Trademark assignment agreement. When a trademark is assigned by t...
10 Mar, 2018
We Indian people don’t like any kind of objection in our life and this is the matter of trademark objection. Then...
30 Jan, 2019
Red Herring Top 100 Asia enlists outstanding entrepreneurs and promising companies. It selects the award winners from approximately 2000 privately financed companies each year in the Asia. Since 1996, Red Herring has kept tabs on these up-and-comers. Red Herring editors were among the first to recognize that companies such as Google, Facebook, Kakao, Alibaba, Twitter, Rakuten, Salesforce.com, Xiaomi and YouTube would change the way we live and work.
Researchers have found out that organization using new technologies in their accounting and tax have better productivity as compared to those using the traditional methods. Complying with the recent technological trends in the accounting industry, Enterslice was formed to focus on the emerging start up companies and bring innovation in their traditional Chartered Accountants & Legal profession services, disrupt traditional Chartered Accountants practice mechanism & Lawyers.
Stay updated with all the latest legal updates. Just enter your email address and subscribe for free!
Chat on Whatsapp
Hey I'm Suman. Let's Talk!