Trademarks protect brands, but not all trademarks qualify for the same level of protection.
The Principal Register is the gold standard. It holds trademarks that meet the USPTO’s standards for full registration.
Registration on the Principal Register offers major legal advantages, including:
- Presumed ownership of the trademark
- Legal right to use the ® symbol
- Right to sue for infringement
- Power to oppose similar trademark applications
- Eligibility for international registration through the Madrid Protocol
If a trademark does not meet the distinctiveness standard, it may still qualify for the Supplemental Register of trademarks.
What Is the Supplemental Register of Trademarks?
The Supplemental Register is the USPTO’s secondary register for trademarks that are descriptive or lack distinctiveness.
These trademarks may not clearly identify a single source of goods or services.
Trademark law exists to protect consumers from confusion about product origin. A trademark that does not clearly identify the source may still be eligible for registration—on the Supplemental Register.
When a USPTO Examiner determines that a mark is descriptive but otherwise registrable, it may be approved for the Supplemental Register instead of the Principal Register.
Benefits of the Supplemental Register
The Supplemental Register of trademarks provides important protections, even if not as extensive as those of the Principal Register.
Key benefits include:
- Legal right to use the ® symbol
- Right to initiate lawsuits for infringement
- Ability to file for international trademark protection under the Madrid Protocol
- Federal registration status for use in business and marketing
Although these rights are more limited, registration offers an important foundation for brand protection.
Businesses can later apply to move the trademark to the Principal Register once distinctiveness has been established through use.
Limitations of the Supplemental Register
The Supplemental Register does not offer all of the enforcement tools available under the Principal Register.
Trademark owners with a Supplemental Registration cannot:
- Oppose new applications for similar marks
- File cancellation actions
- Initiate interference or opposition proceedings before the Trademark Trial and Appeal Board
Until the trademark acquires distinctiveness in the marketplace, it must co-exist with other marks that may be similar.
Livonia Trademark Attorney Services for Registration Strategy
Trademark registration involves more than submitting a form to the USPTO.
A knowledgeable Livonia trademark attorney can help draft a strong application, respond to USPTO Office Actions, and determine whether the Principal or Supplemental Register is the right strategy.
The registration path can depend on multiple factors, including distinctiveness, market use, and long-term brand goals.
A strategic legal approach maximizes the chance of securing meaningful trademark protection and helps position the mark for upgrade to the Principal Register in the future.
Start the Trademark Registration Process
Noble Path Legal PLLC is a boutique trademark law firm based in Metro Detroit.
The firm assists clients in Livonia, Michigan and nationally with:
Virtual consultations are available. Businesses of all sizes are supported with efficient, focused, and experienced legal service.
Click below to schedule a consultation with a Livonia trademark attorney and begin protecting your brand.