If your mark is descriptive and lacks secondary meaning, the Principal Register may not be an option. But there’s still a path to protection: the Supplemental Register.
The USPTO maintains two federal trademark registers. The Principal Register offers full benefits, including presumptive nationwide rights, public notice of ownership, and the ability to bring suit for infringement. The Supplemental Register, on the other hand, is designed for marks that are not yet distinctive but may acquire distinctiveness over time.
Common candidates for the Supplemental Register include:
- Descriptive marks (e.g., “Best Bagels” for a bakery)
- Surnames
- Geographic terms
While marks on the Supplemental Register don’t enjoy the same presumptions as those on the Principal Register, they do offer advantages:
- Use of the ® symbol
- Puts others on notice of your claim to the mark (potentially deterring others from adopting a similar mark)
- Inclusion in the USPTO database (blocking conflicting filings)
Importantly, a mark may be reapplied for on the Principal Register once it has acquired distinctiveness, typically after five years of consistent and exclusive use.
If your descriptive mark is refused on the Principal Register, opting for the Supplemental Register keeps a foot in the door. Over time, with strategic brand development, it may become eligible for full protection.
Understanding the difference between the two registers can help businesses make informed decisions about brand protection strategies—even when starting with a modest or descriptive mark.