There are loads of great ways to use data analytics to run your business. One way is to help with trademarks.
Data analytics is transforming trademark registration by providing companies with insight that reduces legal exposure and builds stronger brand identity. In the context of 15.5 million global trademark filings in 2022, battling for unique brand names is cutthroat.
Advanced analytics can scan through enormous databases of trademarks, flagging likely conflict and assisting companies in making name selections that are distinctive. As The Brand Institute’s Steve Anderson puts it, trademark analytics can reveal trends and commonalities in already existing trademarks and allow businesses to create a truly distinctive brand.
Besides managing risk, data-informed trademark strategy delivers measurable value. In 2023, 91.9% of businesses saw measurable returns on investment from analytics and data, proving the power of data-driven strategy. With analytics, organizations can anticipate market trends, streamline the registration process, and avoid costly lawsuits. From measuring brand uniqueness to monitoring competitor applications, data analytics enhances trademark strategy to better and legally defensible protect brands.
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When choosing to apply for a trademark, you might want to consider not only the Principal Register, but also the Supplemental Register. Although the former one is the most common and popular option as it offers full trademark protection, the Supplemental Register provides you with a number of benefits that might be suitable for your specific situation.
The Supplemental Register is a register of trademarks that cannot be registered in the Principal Register on the grounds of them being descriptive, and have not yet acquired distinctiveness.
You might consider registering in the Supplemental Register when you enter the market with a certain descriptive designation, plan to advertise it so that in the future it will be associated only with you and, in turn, can be registered in the Principal Register. To protect your mark from others who might want to take advantage of your name, reputation and advertising and start using it, you should consider registering your descriptive trademark in the Supplemental Register.
It includes such benefits as the ability to use the ® symbol with the trademark, the right to file a lawsuit for trademark infringement in federal court and protection against conflicting trademarks in applications filed later with the USPTO (this means that other applicants will be refused registration of a confusingly similar trademark).
If the trademark entered in the Supplemental Register acquires distinctiveness over time (usually, it takes at least five years of use), the trademark owner may file a new application for registration in the Principal Register.
Note that use alone does not guarantee that your application will be accepted for transfer to the Principal Register. You may want to prepare additional evidence to demonstrate established distinctiveness, such as evidence that shows the notoriety has been achieved, advertising expenditures, declarations from customers that demonstrate the mark has become well-known and associated with the goods or services of the applicant etc.
Another advantage of the Supplemental Register is that if you have filed an application with the Principal Register, received a preliminary refusal or even a final refusal, you can amend the trademark from the Principal Register to the Supplementary Register even at this stage and thus register the trademark. To amend an application to the Supplemental Register, the applicant must demonstrate that the trademark is used in the United States.
This option is available only for trademarks filed directly with the USPTO. If you filed a US application through the Madrid Protocol, this option is not applicable. Therefore, if you are thinking of filing a trademark in the United States and there are risks that the patent office will recognize it as descriptive, consider filing a trademark directly, rather than through the Madrid Protocol. This will provide you with the right to amend the trademark to the Supplemental Register in the future.
The Supplemental Register is also worth paying attention to when conducting a trademark search as it is essential to assess potential conflicts with trademarks registered there as well.
In conclusion, the Supplemental Register is a useful option for businesses that still want to obtain a certain level of trademark protection but have descriptive or other non-distinctive trademarks. Even though it offers limited benefits, this register remains a stepping stone to the Principal Register, therefore it might be a temporary measure for you. Consulting with a trademark lawyer may help you find the right strategy for trademark registration, including matters related to the Supplemental Register.
