Trademark Registers? What to Know
When it comes to intellectual property, there is a lot to know. For example, you may have heard of trademarks, but it is also important to understand trademark registers. Read on to learn more about trademark registers, the two types, and what they include.
What is a Trademark Register?
The Lanham Act was established in 1946 in order to designate prohibited activities regarding trademarks. This can include infringement, false advertising, and dilution. The Act also created registers for trademarks. There are two different types of registers, each serving its own function. Both of these registers exist in order to protect a person’s intellectual property.
What are the Types of Registers?
There are two types of registers that are available. These registers are maintained by the United States Patent and Trademark Office. The two types include:
- Principal Register: This is for trademarks that have a secondary meaning. For example, using the apple as a logo for the company “Apple.” This stands for two different things with two different meanings. With this register, the mark has constructive use and constructive notice. This means others are unable to use the mark or anything that is similar to it. After five years, incontestable status may be obtained. This means the inventor can take federal action against infringing parties.
- Supplemental Register: The only requirement for this register is that the mark distinguishes the inventor’s goods or services from another entity. It does not provide rights aside from common law and does not include opposition proceedings. However, the protection can be canceled by the court at any time.
Moving a trademark from the Supplemental to the Principal Register
Your trademark has the ability to move from one register to another. For example, it is possible for a mark to take on a second meaning overtime. If this occurs, after five years of being a supplemental register it can become eligible for Principal Register.
If you have any questions or concerns regarding trademark registers, contact our firm today. We understand that intellectual property law can be complicated, and we are here to walk you through all of your intellectual property matters.
Contact our Firm
The Law Offices of Richard E. Novak, LLC has over 25 years of experience helping clients through tough times when they need it most. If you need assistance with any intellectual property, traffic violations, or business law matters, our firm is here to help. It is critical that you pick the right attorney who can protect your rights. Contact The Law Offices of Richard E. Novak, LLC for a consultation.