What Is The USPTO Supplemental Register?

The USPTO Supplemental Register is a secondary register of trademarks maintained by the United States Patent and Trademark Office (USPTO). It is a list of trademarks that have not yet achieved full protection on the USPTO Principal Register but that the owner has claimed exclusive rights to use in commerce.

Trademarks on the Supplemental Register do not receive the same level of legal protection as trademarks on the Principal Register, but they are still entitled to some trademark benefits. For example, owners of trademarks on the Supplemental Register can use the ® symbol, which indicates that the mark is claimed as a trademark and provides some level of notice to the public of the owner’s claim.

Trademarks on the Supplemental Register can also serve as a stepping stone to the Principal Register, as the trademark owner can use the supplemental registration as evidence of use in commerce, and after five years of continuous use, they may be eligible to file a claim of acquired distinctiveness, which can lead to a Principal Register registration.

The Supplemental Register is typically used for trademarks that are not yet eligible for trademark registration on the Principal Register because they are merely descriptive of the goods or services, but that have acquired a secondary meaning through use in commerce. Examples of trademarks that may be eligible for the Supplemental Register include “Fresh Baked Bread” for bakery goods or “Quick Dry” for clothing.

Overall, the USPTO Supplemental Register provides a way for owners of trademarks that are not yet eligible for the Principal Register to establish and protect their rights in the trademark, and to potentially move towards full protection on the Principal Register in the future.

Why Is Having A Trademark Registered On The Supplemental Register Important?

Having a trademark registered on the Supplemental Register is important for several reasons:

• Legal recognition: A trademark registered on the Supplemental Register is recognized by the USPTO as a legally protected trademark, and the owner has the right to use the ® symbol to indicate their trademark claim.
• Evidence of use: The Supplemental Register serves as evidence of use in commerce, which can be used to support a claim of acquired distinctiveness and eligibility for the Principal Register.
• Protects against infringement: Although the legal protection provided by the Supplemental Register is not as strong as the Principal Register, it can still be used as a deterrent against infringement, as it provides some level of notice to the public of the owner’s claim.
• Increased brand recognition: The use of the ® symbol and the recognition of the trademark by the USPTO can help increase brand recognition and credibility with consumers.
• Potential path to Principal Register: The Supplemental Register can serve as a stepping stone to the Principal Register, as the owner can use the supplemental registration as evidence of use and potentially move towards full protection on the Principal Register in the future.

Overall, the Supplemental Register provides a way for owners of trademarks that are not yet eligible for the Principal Register to establish and protect their rights in the trademark, and to potentially move towards full protection on the Principal Register in the future.