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What is the Supplemental Register for US Trademarks? | US Trademark Attorney Morris Turek

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Hi I'm US Trademark Attourney, Morris Turek Today I'm going to talk to you about the supplemental register and I have my notes right here so I don't forget to tell you anything that's important. So what is the supplemental register? Well the trademark office maintains two different trademark registers. One is the principle register and one is the supplemental register. Now the supplemental register provides you with some limited benefits and protections but not the broad protections you get with registration on the principal register. So what types of trademarks are only eligible for registration on the supplemental register? Well, generally speaking, trademarks that are non-distinctive and non-distinctive trademarks are trademarks that are merely descriptive. They're trademarks that are geographically descriptive. And also trademarks that are merely surnames. So if you have a non-distinctive trademark and you've been using it for less than five years then probably you're going to get a registration on a supplemental register. But if you've been using a non-distinctive trademark for over five years then you may be able to register it on the principal register. But let's say, for example, you don't have five years of use. You can still try to get your trademark registered on the principal register by submitting evidence and arguments showing the trademark office that the non-distinctive trademark has acquired distinctiveness or secondary meaning in the minds of consumers. And you can submit evidence such as customer declarations, surveys, advertising expenditures. Things like that. Now generally speaking, that type of evidence isn't all that successful and most likely, you're still going to end up with a registration on the supplemental register. But sometimes it is worth a try. So I'm going to look at my notes right here and see what else I wanna tell you. One thing you need to remember is that the supplemental register is only for marks that are in use in commerce. So let's say, for example you filed your trademark application on an intent to use basis and the trademark office refuses registration of your trademark on the basis that it's merely descriptive meaning that your trademark is not distinctive. Well you can't amend your application to the supplemental register until you actually have use of the trademark in commerce. Once you have use of the trademark in commerce you can file what's called an 'amendment to alleged use' and then amend your application to the supplemental register. Once that's done, the trademark office will approve your application and your trademark will register and you will have a registration on the supplemental register. So, if you have any other questions about the supplemental register please feel free to contact me. I look forward to hearing from you.

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Duration: 3 minutes and 20 seconds
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Language: English
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Posted by: mturek on Apr 22, 2020

The Supplemental Register is for US trademarks that aren't eligible for registration on the Principal Register. Experienced US trademark attorney Morris Turek explains what types of trademarks are commonly registered on the Supplemental Register and what you may be able to do to register your mark on the Principal Register.
https://yourtrademarkattorney.com/what-is-the-supplemental-register

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