Trademark Blog

Supplemental Register vs. Principal Register – What is the Difference?

Supplemental Register vs. Principal Register

The issue of Supplemental Register vs. Principal Register frequently arises during the US trademark application process. If you’ve read my article titled “What is the Supplemental Register for US Trademarks?,” you already know that the United States Patent and Trademark Office (USPTO) maintains two separate trademark registers. To recap, the Principal Register is reserved for trademarks that are considered under the law to be “distinctive.” In contrast, the Supplemental Register is for non-distinctive marks, which are trademarks that have not yet acquired distinctiveness or “secondary meaning” in the minds of consumers. I encourage you to read my previous article regarding the Supplemental Register so that you better understand the information presented here.

What is an Amendment to Allege Use?

Amendment to Allege Use

An Amendment to Allege Use is a sworn declaration filed with the United States Patent and Trademark Office (USPTO) indicating that your trademark is currently in use in commerce in connection with all of the products/services recited in your trademark application. The Amendment to Allege Use requires you to (1) set forth the date on which your mark was first used anywhere in the United States, (2) set forth the date on which your mark was first used in interstate commerce, and (3) submit a proper specimen showing actual use of your mark. If you filed your application under Section 1(b) (intent to use), then you will eventually need to demonstrate actual use of your trademark by filing either an Amendment to Allege Use or the Statement of Use.

What is the Supplemental Register for US Trademarks?

The Supplemental Register is provided by the United States Patent and Trademark Office (USPTO) as a way to federally register certain types of US trademarks. Although it doesn’t offer all of the benefits and protections of the Principal Register, it’s still a valuable tool that should be utilized under appropriate circumstances.

The USPTO maintains two separate trademark registers. The Principal Register is reserved for trademarks that are considered “distinctive.” On the other hand, the Supplemental Register is for trademarks that haven’t yet acquired distinctiveness or “secondary meaning” in the minds of consumers.

What is Proof of Use for Trademark Registration?

Proof of Use for Trademark

Proof of use for trademark registration is something that’s often misunderstood by people who choose to file their own trademark applications. It’s not uncommon for people to contact me after receiving a trademark office action from the United States Patent and Trademark Office (USPTO) indicating that registration of their trademark is being refused because the proof of use they submitted (referred to as “specimens”) is insufficient or improper. This trademark specimen refusal causes significant delays in registering their trademark and, in some cases, can even lead to their trademark application going abandoned and having to start the trademark registration process all over again.

What is Use in Commerce for Trademark Registration?

What is Use in Commerce?

Use in commerce is vitally important in US trademark law, especially with regard to registering a trademark with the United States Patent and Trademark Office (USPTO). The definition and meaning of use in commerce is something all trademark applicants should fully understand because it can greatly affect the validity of a trademark application and any resulting trademark registration.