A supplemental register is a list or record of additional information or details that is added to a main or primary register. This additional information may include updates, corrections, or new entries that are not included in the original register. The supplemental register serves as a way to keep track of changes and additions to the main register, providing a comprehensive and up-to-date record of the information.
The Supplemental Register is a secondary register maintained by the United States Patent and Trademark Office (USPTO) for trademarks that do not meet the requirements for registration on the Principal Register.
Registration on the Supplemental Register provides some level of protection and benefits, such as the ability to use the ® symbol, potential grounds for opposing later-filed confusingly similar marks, and the ability to bring a federal lawsuit for infringement.
Yes, if the trademark acquires distinctiveness over time, it may be eligible for registration on the Principal Register through a process called “acquired distinctiveness” or “secondary meaning.”
While registration on the Supplemental Register does not provide the same level of protection as the Principal Register, it can still serve as evidence of ownership and may deter others from using a confusingly similar mark.
A trademark registration on the Supplemental Register lasts for an initial period of five years, and it can be renewed indefinitely as long as the mark is still in use.
No, a trademark registered on the Supplemental Register cannot be used as a basis for filing an international trademark application under the Madrid Protocol. Only trademarks registered on the Principal Register are eligible for international registration.
Yes, a trademark registered on the Supplemental Register can be assigned or licensed, just like a trademark registered on the Principal Register.
Yes, a trademark registered on the Supplemental Register can be canceled or removed if it becomes generic, abandoned, or if someone successfully challenges its registration.
Yes, a trademark registered on the Supplemental Register can be used to stop importation of infringing goods through the U.S. Customs and Border Protection (CBP) by recording the registration with the CBP.
Yes, a trademark registered on the Supplemental Register can be amended or modified to correct errors or update information, but significant changes to the mark may require a new application.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 13th April 2024.
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