What is the difference between the Principal Register and Supplemental Register?

The Principal Register is the primary register for trademarks, providing various rights under federal law. Registering a mark on the Principal Register offers several advantages:

Presumed notice and claim of ownership: Registration on the Principal Register notifies the public of the owner’s claim of ownership of the mark.

Legal presumption of ownership and exclusive right: The registrant is presumed to be the rightful owner of the mark and holds exclusive rights to use the mark in commerce for the goods/services specified in the registration. This presumption is beneficial in legal proceedings.

Constructive use of the mark: The filing date of the application establishes a date of constructive use of the mark, which can be useful in legal proceedings.

Access to federal court: The registrant can bring a legal action regarding the mark in federal court, which is considered an advantageous venue.

Customs protection: The registration can be filed with the U.S. Customs and Border Protection to prevent the importation of infringing foreign goods.

Potential incontestable status: The registrant’s exclusive right to use the mark in commerce for the covered goods/services can become “incontestable” under certain conditions, providing additional protection in court proceedings.

Basis for international registration: The registration can serve as a basis to obtain trademark registration in foreign countries.

It’s important to note that if no register is specified, the Trademark Office assumes that registration on the Principal Register is being sought.

On the other hand, the Supplemental Register includes non-distinctive designations, such as descriptive words, that have the potential to eventually become trademarks. Registration on the Supplemental Register offers the following advantages:

Use of the ® symbol: The registrant may use the registration symbol ® to indicate its claim of ownership.

Protection against confusingly similar marks: The registration is protected against the registration of a confusingly similar mark under Trademark Act Section 2(d).

Federal court infringement suits: The registrant can initiate a lawsuit for infringement in federal court.

Basis for international registration: The registration can be used as a basis for obtaining trademark registration in foreign countries.