The USPTO maintains two trademark registers: the Principal Register and the Supplemental Register. Most owners aim for the Principal Register, and they should. But if your trademark faces a descriptiveness refusal, the Supplemental Register offers a valuable alternative that many owners overlook.
Two Registers at the USPTO
The Principal Register
The Principal Register is the default and preferred register. Trademarks on the Principal Register receive the full bundle of rights:
- Nationwide constructive notice
- Presumption of validity
- Right to use the ® symbol
- Path to incontestability (after 5 years)
- Enhanced remedies in federal court
- Customs recording to block imports
The Supplemental Register
The Supplemental Register was created for trademarks that are capable of distinguishing goods or services but do not yet qualify for the Principal Register, typically because they are descriptive. It provides limited but meaningful protection.
Citation: 15 U.S.C. § 1091, Supplemental Register
The glossary has short definitions of the terms used in this post.
Side-by-Side Comparison
| Feature | Principal Register | Supplemental Register |
|---|---|---|
| Presumption of validity | Yes | No |
| Constructive notice | Yes | No |
| Incontestability (after 5 years) | Yes | No |
| Customs recording (CBP) | Yes | No |
| Right to use the ® symbol | Yes | Yes |
| Cited as a barrier to similar trademarks | Strong | Yes (cited in examination) |
| Amazon Brand Registry | Eligible | Accepted in practice; confirm on Amazon's current page |
| UDRP domain disputes | Strong evidence | Usable but weaker |
| Federal court access | Yes | Yes (15 U.S.C. §§ 1095, 1121), without the Principal Register presumptions |
| Published for opposition | Yes | No |
| Searchable in the USPTO database | Yes | Yes |
| Registration certificate | Yes | Yes |
| USPTO filing fee | $350 per class | $350 per class |
When the Supplemental Register Makes Sense
The Supplemental Register is a sound strategic option in several scenarios:
1. Your Trademark Is Descriptive (But Not Generic)
If your trademark merely describes your goods or services and you do not have enough evidence of acquired distinctiveness for Section 2(f), the Supplemental Register preserves your rights while you build brand recognition.
2. You Need the ® Symbol Now
Both registers allow use of the ® symbol. For businesses that need to show registered trademark status, for contracts, marketing, or competitive positioning, the Supplemental Register delivers this immediately.
3. You Want to Block Similar Applications
Trademarks on the Supplemental Register appear in USPTO search results and will be cited against later applications to register similar trademarks. This provides a blocking function even without Principal Register status.
4. Amazon Brand Registry Access
Amazon has accepted Supplemental Register registrations for Brand Registry enrollment, and the enrollment form asks for a registration number, not the register it sits on. If Amazon is a key sales channel, confirm the current rule on Amazon's eligibility page, then enroll. Our Amazon Brand Registry service handles the enrollment once the registration issues.
5. You Are Building Toward the Principal Register
The Supplemental Register serves as a stepping stone. After years of use, you accumulate the evidence needed to reapply for the Principal Register.
Pro Tip: A Supplemental Register registration is better than no registration at all. You get the ® symbol, blocking power against later applications, and a documented start date for building acquired distinctiveness.
The Path From Supplemental to Principal
After building sufficient use history, you can seek registration on the Principal Register:
Step 1: Use the Trademark Continuously
Continue using the trademark in commerce. Document everything: sales, advertising, customer recognition, media mentions.
Step 2: Accumulate Evidence (Typically 5+ Years)
Section 2(f) allows registration of descriptive trademarks that have acquired distinctiveness through extensive use. The USPTO considers:
- Length of use (5+ years supports a claim)
- Advertising expenditures and reach
- Sales volume and geographic scope
- Consumer surveys or declarations
- Unsolicited media coverage
Step 3: File a New Application
Apply for the Principal Register with your Section 2(f) evidence. The USPTO base application is $350 per class. Your Supplemental Register registration supports your claim by documenting your use history.
Step 4: Reference Your History
Point to your Supplemental Register registration as evidence of continuous use. The examining attorney can see your documented track record.
When to Stay on the Principal Register
Not every trademark belongs on the Supplemental Register. If your trademark is:
- Suggestive: registrable on the Principal Register without proof of distinctiveness
- Arbitrary: a common word used in an unrelated context (for example, APPLE for computers)
- Fanciful: an invented word (for example, XEROX)
then always file for the Principal Register. These trademarks are inherently distinctive and should never be on the Supplemental Register.
Strategic Considerations
Try Principal First
The USPTO filing fee is the same for both registers ($350 per class). Always attempt the Principal Register first with a United States trademark filing. If the examining attorney issues a 2(e)(1) refusal for descriptiveness, you can amend your application to the Supplemental Register rather than abandoning it.
Amendment vs. New Application
If you receive a descriptiveness refusal, amending to the Supplemental Register is faster than starting over. The amendment is made in your office action response, so there is no second USPTO application fee, and it preserves your original filing date and all prosecution history. Our United States office action service prepares the response, whether that is a suggestiveness argument, 2(f) evidence, or the amendment.
Cost-Benefit Analysis
| Path | Time | Cost | Result |
|---|---|---|---|
| Abandon the application | Immediate | USPTO filing fee lost | No protection |
| Argue suggestiveness | 2 to 6 months | Professional fee for the response | Principal Register (if successful) |
| Submit 2(f) evidence | 2 to 6 months | Professional fee plus evidence gathering | Principal Register (if the evidence is sufficient) |
| Amend to the Supplemental Register | 1 to 2 months | Professional fee for the response; no new USPTO fee | Supplemental Register |
Trademarks That Cannot Be on Either Register
Some trademarks cannot be registered on any register:
- Generic terms: "COMPUTER" for computers
- Functional features: product shapes that serve a utilitarian purpose
- Deceptive trademarks: trademarks that deceive consumers about the nature of the goods
The former bar on "immoral or scandalous" trademarks no longer applies; the Supreme Court struck it down in Iancu v. Brunetti (2019).
Not sure which register is right for your trademark? We evaluate every application for the best registration strategy. If you already hold a 2(e)(1) refusal, start with the United States office action service; if you are still choosing a name, check your trademark.
