Supplemental register

Definition

The supplemental register is a secondary trademark registration option available through the United States Patent and Trademark Office (USPTO) for marks that do not meet the requirements for registration on the principal register. This register allows owners of descriptive or non-distinctive marks to secure some federal protections while they build distinctiveness over time, thereby connecting their brands with their goods or services.

5 Must Know Facts For Your Next Test

1. The supplemental register offers limited protections compared to the principal register, including no presumption of validity in legal disputes.
2. Marks on the supplemental register cannot be cited against other applications for confusing similarity, providing a strategic advantage for brand owners.
3. To qualify for the supplemental register, a mark must be capable of distinguishing goods but may be descriptive or lacking in distinctiveness.
4. Once a mark is registered on the supplemental register, it can later be moved to the principal register if it acquires distinctiveness over time.
5. Marks on the supplemental register can use the ® symbol after registration, but this does not confer the same level of rights as marks on the principal register.

Review Questions

• How does the supplemental register differ from the principal register in terms of legal protections for trademark owners?
  • The supplemental register provides more limited legal protections than the principal register. While marks on the principal register enjoy presumptive validity and nationwide notice, those on the supplemental register do not receive these advantages. Instead, marks on the supplemental register have protection against infringement but lack the presumption of validity, making enforcement more challenging.
• Discuss how a trademark owner might benefit from registering a mark on the supplemental register instead of foregoing registration altogether.
  • Registering a mark on the supplemental register allows trademark owners to secure some federal protections even if their marks are not yet distinctive enough for the principal register. This can provide brand owners with legal recognition, helping them build distinctiveness over time while benefiting from some level of protection against infringement. Additionally, it can deter others from using similar marks and provide a pathway to eventually move to the principal register once distinctiveness is achieved.
• Evaluate the strategic implications of choosing to file for registration on the supplemental register versus pursuing common law rights without federal registration.
  • Filing for registration on the supplemental register can offer strategic advantages over solely relying on common law rights. While common law rights arise through use and offer some level of protection, they typically require proving first use and can be more difficult to enforce across state lines. In contrast, registration on the supplemental register provides federal recognition and potential benefits in establishing priority in disputes. Additionally, it offers a clearer path toward building distinctiveness necessary for eventual registration on the principal register, creating a more structured approach to developing trademark rights.

Related terms

Principal Register:

The primary register of trademarks in the U.S. that provides the strongest legal protections, including presumptive validity and nationwide notice.

Descriptive Mark: A trademark that describes the qualities, ingredients, or characteristics of the goods or services offered, which often requires secondary meaning for registration.

Distinctiveness:

The degree to which a mark identifies and distinguishes the source of goods or services; higher distinctiveness generally leads to easier trademark registration.