Supplemental Registry

Some descriptive trademarks may need to use the supplemental registry as a stepping stone to normal registration on the principal registry. Here is a quick guide:

  • The Principal Registry - Generally, when you register a trademark it is registered on the “principal registry”, which grants you all normal rights associated with having a trademark registration, including exclusive rights to the trademark in connection with your offerings throughout the U.S. However, certain trademarks are not eligible for registration on the principal registry, but may be eligible for registration on the supplemental registry.

  • Descriptive Trademarks - For example, trademarks that are deemed merely descriptive of the associated offerings may not be eligible for registration on the principal registry. Like, if you tried to trademark “Creative Agents & Co” in connection with creative services, that may be deemed merely descriptive of your offerings and ineligible for registration on the principal registry. However, unless the trademark is deemed purely generic (see below), it may be eligible for registration on the supplemental registry.

  • Supplemental Registry - If your trademark is eligible for registration on the supplemental registry, then that registration will grant you some preliminary rights to the trademark, and may be used as a stepping stone to traditional registration on the principal registry. Specifically, with this registration:

    • You can use the ® symbol next to your trademark to put the world on notice of your claim to the name;

    • You will have government backed documentation of your claim to the name, with some priority to the name on the USPTO database. This will make it harder for someone else to register the same name in connection with similar services.

    • Although you don’t officially have exclusive rights to the name yet, the fact that you are potentially on track to principal registration is a good deterrent to stop others from using a similar name in connection with similar offerings.

    • You can apply to move your trademark to the principal registry by showing that your brand has achieved sufficient distinctiveness in the public eye, such that consumers clearly identify your trademark to be associated with your business offerings. That generally takes about 5 years of usage to show. If you can make that showing, the USPTO may allow you to move your registration to the principal registry with all traditional rights associated with trademark registration.

  • Generic Trademarks - Note, certain trademarks are so generically descriptive they are not eligible for trademarking on any registry. Like if you tried to trademark “Creative Services” in connection with creative services, that would likely be rejected as merely generic and ineligible for any registration.

Need help?