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Trademark Act §1072 Registration Constructive Notice of Ownership

• Registration under the Trademark Act (§1072) confers nation-wide constructive notice of the registrant's ownership of the right to use a registered mark.

Trademark Act §1091 Supplemental Register

• Five years of (uncontested) supplemental registration offer prima facie evidence of a mark's registrability on the primary register.
  • To obtain supplemental registration, the mark must initially be non-registrable on the principal register (but not for any of the reasons set out in §1052[a]-[c]), be capable of distinguishing the applicant's good or services and be in compliance with the requirements of §1051(a) and (e).
• Under §1092, such marks are not subject to opposition, but can be cancelled after publication.
  • No favorable judgment may be awarded an applicant under §1051(b) until its mark has been registered or it can show concurrent use under §1057(c)

Trademark Act §1111 Notice

• §1111 Requires notice with "®" or "Reg. U.S. Pat. & Tm. Off." for any damages or profits of a defendant to be recovered by a registrant in an action for infringement absent a showing of actual notice.

Trademark Act §1112 Classification of Goods and Services

• The Patent and Trademark Office has adapted the Classifications used in the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (1957).
  • Registration of marks is sought by applicants in relation to specified goods and/or services and a fee is paid based on the number of Classes in which such goods and/or services appear.

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