Supplemental vs. Principal Registration for your Trademark
Supplemental registration can be a powerful tool to move your trademark towards registration. Supplemental registration is a great alternative to principal registration if your trademark is facing certain hurdles, obstacles, or maybe you're just not quite ready for principal registration yet.
Principal registration is typically what you're filing for when you fill out your trademark application. This is the highest level of protection for your trademark and it is a great place to start, however, some trademarks aren't approved for principal registration just yet. Maybe they're not ready for principal registration or there's other issues that come up on your mark that make supplemental a great alternative.
Supplemental registration still gives you protection and recognition of your trademark name. You will still get issued a certificate of registration, you will still have proof of ownership, and you can still use the registered symbol on your mark.
However, there are two key differences that come up when trying to decide between principal registration and supplemental registration.
Supplemental registration does not allow you to get protection at US Customs. What that means is that you cannot stop counterfeit goods from being imported with your trademark. However, you can always bring claims on other grounds with supplemental registration. It doesn't stop you from bringing a claim, it just means that you don't have that same level of protection as principal registration.
Principal registration gives you certain levels of—let's say evidence—in a courtroom and that could be an issue if you are pursuing trademark infringement or trying to stop other copycats.
Now, supplemental registration is a great alternative to principal but it is not, as you can tell, as great as principal registration. Principal registration is usually what we go for first and supplemental can kind of be our back doorway to getting you brand protection when principal just doesn't work.
Now principal registration may not work for your trademark and you may know this because you've got an office action telling you this is not going to work. But that doesn't mean it couldn't work later. There's actually options when you can go on the supplemental register and after so much time has passed and so many boxes have been checked, you can be eligible for principal registration.
It is so important that you watch your timelines closely and that you understand if your mark qualifies for this. In order to do that, you need to reach out to me and we will help you understand if your mark can move to a supplemental register.
Reach out today at hello@cenglishlaw.com. Don’t forget to grab your free trademark checklist here!
