Differences Between Principal and Supplemental Register

PRINCIPAL REGISTER

The Principal Register is the primary register for all trademarks and provides the highest level of protection and benefits to a trademark owner.
The advantages of owning a registration on the Principal Register include the following:

  • Notice to the public of ownership of the mark;

  • A legal presumption of 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 the filing date of the application;

  • The ability to file the registration with the U.S. Customs and Border Protection to prevent importation of infringing foreign goods;

  • After 5 years of continuous use following the registration on the Principal Register, a trademark can become “incontestable” which provides the owner with additional protection against legal challenges;

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

The United States Patent and Trademark Office (USPTO) offers two types of trademark registers: The Principal Register and the Supplemental Register. There are significant differences between the two.

SUPPLEMENTAL REGISTER

The Supplemental Register comprises of non-mark designations (such as descriptive words) that are “capable” of eventually becoming a “mark.” Thus,
a designation on the Supplemental Register is not a “trademark” yet, but has the following advantages:

  • The registrant may use the registration symbol ®;

  • The registration is protected against registration of a confusingly similar mark;

  • The registrant may bring suit for infringement in federal court; and

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

If your mark possess distinctiveness and meets the requirements of the Principal Register, it is generally advisable to pursue registration on the Principal Register. However, if your mark is descriptive or generic, registration on the Supplemental Register may still provide valuable benefits and evidence of use.

DIFFERENCES BETWEEN SUPPLEMENTAL AND PRINCIPAL REGISTER

DIFFERENCES BETWEEN SUPPLEMENTAL AND PRINCIPAL REGISTER