Supplemental Register

Definition

The supplemental register is a secondary trademark register maintained by the United States Patent and Trademark Office (USPTO) for trademarks that do not meet the requirements for the principal register, but still serve a useful purpose. It provides an alternative avenue for registering marks that may not be eligible for the principal register.

5 Must Know Facts For Your Next Test

1. Trademarks registered on the supplemental register do not receive the same level of legal protection as those on the principal register.
2. Marks on the supplemental register cannot be used to stop others from using similar marks, but they can be used to prevent registration of confusingly similar marks.
3. Registration on the supplemental register can be a stepping stone towards eventual registration on the principal register, as it provides a way to establish use and build distinctiveness over time.
4. Marks on the supplemental register are not eligible for certain benefits, such as the presumption of ownership and the ability to recover treble damages in infringement suits.
5. The supplemental register is often used for descriptive marks, geographically descriptive marks, and other marks that do not meet the distinctiveness requirements for the principal register.

Review Questions

• Explain the purpose and key differences between the principal register and the supplemental register in U.S. trademark law.
  • The principal register is the primary trademark register maintained by the USPTO, which contains marks that meet all the legal requirements for federal trademark registration, including a high degree of distinctiveness. In contrast, the supplemental register is a secondary register that provides an alternative avenue for registering marks that do not meet the strict requirements of the principal register, but still serve a useful purpose. Trademarks on the supplemental register do not receive the same level of legal protection as those on the principal register, and they cannot be used to stop others from using similar marks. However, registration on the supplemental register can be a stepping stone towards eventual registration on the principal register, as it helps establish use and build distinctiveness over time.
• Analyze the types of trademarks that are typically registered on the supplemental register and explain the benefits and limitations of this registration.
  • The supplemental register is often used for trademarks that are descriptive, geographically descriptive, or otherwise do not meet the distinctiveness requirements for the principal register. Registration on the supplemental register can be beneficial because it provides a way to establish use and build distinctiveness over time, which may eventually lead to registration on the principal register. However, the limitations of the supplemental register are significant, as marks on this register do not receive the same level of legal protection as those on the principal register. Trademarks on the supplemental register cannot be used to stop others from using similar marks, and they are not eligible for certain benefits, such as the presumption of ownership and the ability to recover treble damages in infringement suits.
• Evaluate the strategic considerations that a trademark owner might take into account when deciding whether to pursue registration on the supplemental register versus the principal register.
  • When deciding whether to pursue registration on the supplemental register versus the principal register, trademark owners must carefully evaluate the potential benefits and limitations of each option. On the one hand, registration on the supplemental register can be a useful stepping stone towards eventual registration on the principal register, as it helps establish use and build distinctiveness over time. This can be particularly beneficial for marks that do not initially meet the strict distinctiveness requirements of the principal register. On the other hand, the limitations of the supplemental register, such as the lack of legal protection against others using similar marks and the ineligibility for certain benefits, may outweigh the potential benefits in some cases. Trademark owners must weigh these factors, as well as their long-term goals and the specific characteristics of their mark, to determine the most appropriate registration strategy.

Related terms

Principal Register:

The primary trademark register maintained by the USPTO, which contains marks that meet all the legal requirements for federal trademark registration.

Distinctiveness:

The degree to which a trademark is unique and distinguishable from other marks, which is a key requirement for registration on the principal register.

Trademark Dilution:

The reduction in the ability of a famous trademark to identify and distinguish goods or services, which can be grounds for registration on the supplemental register.