What do I Need to Know About Trademark Registers?


What do I Need to Know About Trademark Registers?

There are many people who create their own logos, slogans, or other art forms in order to establish their business or product. This allows it to have an identity separate from others. In order to ensure this identity, it is important this mark is protected by being trademarked. A trademark allows the inventor the peace of mind in knowing it can no longer be used or stolen by others for profit. When obtaining a trademark, it is important to understand trademark registers. Continue reading below to learn more and contact an experienced New Jersey intellectual property attorney for assistance.

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. While this is true, they both exist in order to protect a person’s intellectual property. 

What are the Types of Registers?

The two types of registers that are available are maintained by the United States Patent and Trademark Office. These are as follows:

  • 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. 

It is important to note that it is possible for a mark to take on a second meaning overtime. If this happens five years after being on the Supplemental Register, it can become eligible for Principal Register. 

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.