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Supplemental Registration
What is Supplemental Registration?
Marks that are capable of distinguishing goods or services but are merely descriptive, deceptively misdescriptive, primarily geographically descriptive, merely a surname, or marks that comprise a product configuration, slogan, or numeral that are not registrable on the Principal Register but are all registrable on the Supplemental Register.
Why would I want to use Supplemental Registration?
1. To Protect Your Name and Reputation for a mark that would not be initially protectable under a Principal Registration.
2. The owner of a mark on the Supplemental Register is legally entitled to use the ® symbol of federal registration.
3. Supplemental Registration allows the owner of the registered mark to bring an suit infringement in federal court and federal law will govern the case. A claim for unfair competition can be brought along with the infringement suit.
4. The Supplemental Registration can be used by a USPTO Examiner against future applications of confusingly similar marks for registration on either the Principal or Supplemental Register.
5. Marks on the Supplemental Register are easy to find by others and will appear in the future on search reports conducted by others to seek clearance for similar marks. The mere presence of the mark may deter others from using confusingly similar marks, protecting your name and reputation.
6. Marks on the Supplemental Registration may be registrable on the Principal Registration after acquiring secondary meaning.
More Questions
What is the Common Law part of a trademark search?
The common law part of our trademark searches includes sources not in the USPTO database
and not generally available to the general public such as trade, industrial and publications
databases, full-
What are intangible assets? (From Wikipedia)
Intangible assets are defined as those non-