Trademark 101: am I belong to Principal Register or the Supplemental Register?

#trademark

In the realm of U.S. trademarks, imagine two very different clubs where brands can party – the Principal Register and the Supplemental Register. Both are great places to be, but they definitely have different vibes!

The Principal Register is like the VIP lounge of trademark protection. If your trademark makes it here, it’s like having a backstage pass to a rock concert. You get all the top-tier benefits: legal protection across the nation, exclusive rights to use the mark on your goods or services, and the ability to fend off copycats more easily. It’s also a big neon sign to the U.S. Patent and Trademark Office (USPTO) saying your mark is unique and deserving of full protection. Plus, after five years, your trademark can achieve something akin to immortality – becoming "incontestable," which is as cool as it sounds. It basically means your trademark is so well-established that it's nearly impervious to challenges.

Then there's the Supplemental Register, more like the main floor at the club. It’s still a respectable place to be, especially for trademarks that aren’t quite distinctive enough for the VIP area. This could include descriptive marks that haven’t yet achieved the famed “secondary meaning” (where people recognize the mark as a specific source of goods or services). Being on the Supplemental Register doesn’t give you the glittering array of protections the VIP lounge offers, but you still get to use that coveted ® symbol, which is a pretty clear “keep off the grass” sign to potential infringers. And hey, it's easier to get into this club, making it a great starting point for some.

So, whether you're aiming for the stars with the Principal Register or making strategic moves on the Supplemental, understanding these options can help steer your brand to the limelight it deserves.