The Supplementary Registry is a list of trademarks and service marks with some legal protection but less than the Main Register. It was developed in 1946 and is used when an application to the Main Register is denied. Items in the Supplementary Register can be used to distinguish services and goods, but owners cannot claim exclusive rights or block imports of counterfeit items. Items may move from the Supplementary Register to the Main Register if they acquire secondary significance. Trademark attorneys can assist in filing applications and determining which registry is appropriate.
In the United States, the Supplemental Registry is a list of trademarks and service marks maintained by the United States Patent and Commerce Office (USPTO). Entries in the Supplementary Register enjoy some legal protections, but not as many as those in the Main Register. Since some protection is regarded by businesses as better than none, businesses that cannot register something in the Main Register may choose to register in the Supplementary Register.
The concept of the Supplementary Register was developed in 1946. While companies can directly apply to be listed in it, it is more common for an application to the Main Register to be denied with a note that the company may re-apply to the Supplementary Register. Products do not qualify for the Main Registry if they are not sufficiently distinctive, but may be eligible for the Supplementary Registry.
When something is registered in the secondary trade mark register, as it is also known, it has the ability to be used to distinguish services and goods, but it is not necessarily used that way. Once registered, you can use registration to block attempts to register similar trademarks or service marks on the grounds that they could be confusing or misleading. However, the owner of a product in the Supplemental Registry cannot claim exclusive rights to use it, nor can they do things like block imports of counterfeit items.
You can file a trademark infringement suit in court for an item listed in the Supplemental Registry. Unlike Master Registry items, however, no public disclosure is made about the item’s registration. Conversely, people cannot contest an application for registration in the Integrative Register, because there is no public notice on applications. These differences in protection and legal status mean that people may not be able to be as proactive in protecting the items in this subregister, but neither are they completely powerless in the event of a breach.
Items do not automatically switch from the Supplementary Register to the Main Register, but they may do so with another question. If an item acquires demonstrable secondary significance and becomes uniquely associated with a particular product or service, an argument may be submitted for entry into the Main Register. Trademark attorneys can assist individuals in the process of filing trademark and service mark applications and determine which registry is appropriate as well as follow up on applications in the future.
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