What is a Trademark Register?


What is a Trademark Register?

When a person creates a logo, slogan, or other art forms to establish their business or product from others, it is important that it is protected. This can be done by getting it trademarked. Doing so allows the inventor some peace of mind, as this ensures it is not able to be used or stolen by other people. In getting an idea trademarked, inventors should understand what a trademark register is. Continue reading below to learn more and contact an experienced New Jersey intellectual property attorney for guidance.

What is a Trademark Register?

In 1946, the Lanham Act established different prohibited activities regarding trademarks. This can include infringement, false advertising, and dilution. In addition to this, the Act created registers for trademarks. Each register serves its own specific function, however, they all are in place to protect a person’s intellectual property.

What are the Types of Registers?

There are two types of registers for trademarks. Both are maintained by the United States Patent and Trademark Office. They are as follows:

  • Principal Register: This is for trademarks that take on a secondary meaning. For example, the apple logo for the company “Apple” stands for two different things with two different meanings. This means some may view it differently than others. With a Principal Register, the mark has constructive use and constructive notice. This means other entities cannot use the mark or anything similar to it. Incontestable status may be obtained after five years, meaning the inventor can take federal action against infringing parties.
  • Supplemental Register: This register is more simple, as the only requirement for this is that the mark distinguishes the inventor’s goods or services from another entity. It is important to know that this register does not provide other rights aside from common law. It does not include opposition proceedings, but the protection can be canceled by the court at any time. 

Can a Supplemental Register be Moved to a Principal Register?

Over time, it is possible for a mark to take on a second meaning. If this occurs after five years spent on the Supplemental Register, it is possible that it can become eligible for Principal Register. Contact an experienced attorney to provide assistance when handling these matters to ensure your idea is receiving the protection it deserves. 

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.