According to Subchapter II of the Lanham Act of 1946, the supplemental register is the secondary register of trademarks maintained by the U.S. Patent and Trademark Office. The supplemental register allows trademark holders of a descriptive mark. This register is an option for those whose mark solely describes the services represented. The supplemental register is for trademarks that don’t meet the requirement for registration on the principal register but allows the holder to register in another country. This register was established because under the Paris Convention, foreign registration was not permitted in the absence of domestic registration and the laws of other countries have much less stringent registration requirements for marks. Lemler IP works with clients to assess where their trademarks should be registered. Though the principal register is optimal, there are many instances where registration on the supplemental register is the better choice.
The only requirement of the supplemental register is that the mark is capable of distinguishing goods or services. It does not need to actually serve a function. You are not offered additional rights beyond what is provided by common law. The supplemental register does not involve opposition proceedings but can be canceled at any point by the court. You are still permitted to sue for infringement similar to if there was no registration.
Yes, it can. Because your mark is merely descriptive of the goods and/or services you provide, your mark does not meet the requirements of the principal register. After 5 years of continued use on the supplemental register, your mark may take on a secondary meaning. A secondary meaning says that your continued use of a mark for a 5-year period has established the mark’s distinctiveness, now distinguishing between your goods/services and others’. Once you can establish distinctiveness, your mark may be eligible for the principal register.
If you’d like to learn more or have any further questions about the supplemental register, simply contact Lemler IP today. Lemler IP is here to help you, every step of the way.
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