U.S. Trademarks Informational: Principal Register vs. Supplemental Register

U.S. Trademarks Informational: Principal Register vs. Supplemental Register

For federal trademark registrations, the US Patent and Trademark Office (USPTO) has two registers – the Principal Register and the Supplemental Register. The Principal Register is the primarily sought register to secure full trademark protections under US trademark law. Although the Supplemental Register does not create such full protections, it is still beneficial for marks that do not satisfy all federal registration requirements for the Principal Register.

Principal Register

The Trademark Manual of Examining Procedures (TMEP) provides the following list of advantages for marks registered on the Principal Register:

• Right to use the registered trademark symbol ®

• Constructive notice to the public of the registrant’s claim of ownership of the mark.

• A legal presumption of the registrant’s ownership of the mark and the registrant’s exclusive right to use the mark in commerce on or in connection with the goods/services listed in the registration.

• A date of constructive use of the mark as of the filing date of the application.

• The ability to bring an action concerning the mark in federal court.

• The ability to file the United States registration with the United States Customs Service to prevent importation of infringing foreign goods.

• The registrant’s exclusive right to use a mark in commerce on or in connection with the goods or services covered by the registration can become "incontestable," subject to certain statutory defenses.

• The use of the United States registration as a basis to obtain registration in foreign countries.
  

Supplemental Register

While the Supplemental Register does not offer all the protections of the Principal Register, it does provide the following benefits:

• Right to use the registered trademark symbol ®

• Protection against conflicting trademarks in later-filed USPTO trademark applications.

• Provides a federal registration (albeit without the benefits of the Principal Register) while allowing time for the mark to develop acquired distinctiveness as an indicator of a source of goods or services.
  

IMPORTANT DISCLAIMER - The contents of this document are not legal advice, do not create an attorney-client relationship, and do not establish an attorney-client privilege. Instead, this document is for general informational and/or educational purposes only.

This document is not a substitute for consulting a licensed attorney. A consultation with a licensed attorney is necessary to consider a complete picture of your circumstances and to provide you with a personalized recommendation.