Supplemental Registry
Some descriptive trademarks need to use the Supplemental Registry as a stepping stone to full registration on the Principal Registry. This is a common path, and it still provides meaningful protection while your brand continues to grow. Here’s a quick guide.
The Principal Registry
Generally, when people talk about “registering a trademark,” they’re referring to registration on the Principal Registry. A principal registration provides the strongest, most complete trademark rights, including nationwide presumptive exclusive rights to use the mark in connection with your listed goods or services.
However, not all trademarks are immediately eligible for the Principal Registry—particularly marks that are considered descriptive at the time of filing.
Descriptive Trademarks
A trademark may be deemed merely descriptive if it directly describes an aspect of the goods or services. For example, attempting to register “Creative Agents & Co.” for creative services could be considered descriptive, because it tells consumers what the business is rather than identifying a unique brand.
While descriptive marks are generally not eligible for the Principal Registry right away, that does not mean they are unprotectable. Unless a mark is considered generic (see below), it may still qualify for registration on the Supplemental Registry.
The Supplemental Registry
If your mark is eligible for the Supplemental Registry, that registration still provides real and valuable benefits, and it often serves as a bridge to full Principal Registry protection.
With a Supplemental Registration:
You can use the ® symbol, putting the public on notice of your trademark claim.
You receive government-backed documentation of your rights and priority in the USPTO database, making it more difficult for others to register confusingly similar marks for related goods or services.
While the registration does not yet provide full nationwide exclusivity, it acts as a strong deterrent against copycats and competitors.
Most importantly, it puts you on a clear path toward Principal Registry registration as your brand gains recognition.
Moving to the Principal Registry
After you have been using your mark for a sufficient period—typically around five years—you can file a new application directly on the Principal Registry. At that point, you can rely on your longstanding use and public recognition of the mark to show that it has acquired distinctiveness (sometimes called secondary meaning).
When that showing is made, the USPTO will often accept the mark on the Principal Registry without the prior descriptiveness issue, granting you the full bundle of trademark rights.
In other words, a Supplemental Registration is a common strategic first step toward standard, full trademark protection.
Generic Trademarks
Note some terms are so broadly descriptive that they are considered generic and are not eligible for trademark protection on any registry. For example, attempting to trademark “Creative Services” for creative services would almost certainly be rejected as generic.