When it comes to trademark registration, there are strict rules. If a mark is generic, it cannot be registered at all. If a mark has a “likelihood of confusion” cited against it with an existing registration, it also cannot be registered.
But what happens when a mark is legally valid, but currently considered too “weak” to land on the main database (the Principal Register)? Enter the Supplemental Register.
What is the Supplemental Register?
The Supplemental Register is the secondary register maintained by the United States Patent and Trademark Office (USPTO). It is an important resource and tool in the trademark world where weaker trademark registrations can safely reside and gain protection.
What Types of Marks Qualify?
The secondary register is specifically designed for certain types of marks that are not yet able to obtain status on the Principal Register. Generally, these fall into two categories:
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Descriptive Marks: Marks that describe a feature, ingredient, quality, or characteristic of the goods or services.
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Ornamental Marks: Marks that are used in a decorative manner (for example, a large graphic used on the front of a t-shirt product, rather than acting as a brand identifier on the tag or label).
The Benefits of the Supplemental Register
While it is the secondary tier, securing a spot on the Supplemental Register still provides significant value for brand owners. It grants several of the same benefits as the Principal Register:
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Public Record Visibility: Your mark becomes part of the public record and resides in the official USPTO database.
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Conflict Prevention: It is fully searchable by USPTO examining attorneys. When they are looking for conflicts, your registration can be cited to block someone else from registering a confusingly similar mark.
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Use of the ® Symbol: It legally allows the registrant to use the registered trademark symbol (®) next to their branding.
The Drawbacks and Legal Consequences
However, the Supplemental Register does not give brand owners all the same benefits and legal presumptions in the event of a dispute or litigation.
The primary drawback is that accepting a place on the Supplemental Register is generally viewed as an admission that the mark is weaker or descriptive. It lacks the automatic presumption of exclusive nationwide validity that the Principal Register provides.
The Bottom Line
Going on the Supplemental Register does carry important legal consequences regarding the strength of your mark. However, in my opinion, it is generally far better than having no registration at all. It establishes your footprint, gives your brand a formal layer of protection, and acts as a valuable shield as you continue to build your business.
