There are two different trademark registers: (1) the Principal Trademark Register and (2) the Supplemental Trademark Register. Each register has its advantages and disadvantages. Read on to learn which register you want you mark to be one, if possible, and how each register is different.

Prinicipal Trademark Register

The Principal Register is the one you want your trademark to be registered under if possible. Registering your trademark on the Principal Register provides significant advantages over the Supplemental Register. For example, everyone else in the United States is considered “constructively noticed” of your exclusive right to use the trademark. This means someone cannot claim they had no notice that you owned the trademark rights to your mark.

There are other advantages and benefits to the Principal Register. The trademark itself is published in the USPTO Official Gazette, which lets everyone know you now own that trademark. Further, your registration certificate is prima facie evidence that you have the exclusive right to use your trademark. When seeking registration on the Principal Register, you can file an Intent To Use application without actually having begun using the mark in commerce. You can also file the trademark with U.S. Customs to prevent the importation of goods from abroad which bear your trademark or a similar mark.

Supplemental Trademark Register

The Supplemental Register is a consolation prize. While you do not receive all of the benefits a trademark on the Principal Register receives, the Supplemental Register does provide additional protection for your trademark and does confer some benefits to your trademark. First, as with marks registered on the Principal Register, marks registered on the Supplemental Register may put the Circle-R ( ® ) next to their trademark to denote that it has been “Registered” with the federal government. In addition, merely descriptive marks do not need to show acquired distinctiveness/secondary meaning in order to be registered on the Supplemental Register, making it easier to register some problem trademarks.

Table Showing Differences Between The Principal And Supplemental Register

Below is a table describing some of the differences between the Principal Register and Supplemental Register.

Advantages/Rights Principal Register Supplemental Register
Trademark Published in the Official Gazette of the US Patent and Trademark Office Yes No
Nationwide “Constructive Notice” of your ownership of the Mark Yes No
Registration Certificate is prima facie evidence of your exclusive right to use the trademark Yes No
Can file an Intent To Use application as part of the registration process Yes No
Owner can use the ® symbol and declare the mark “Registered in the U.S. Patent and Trademark Office” or “Reg. U.S. Pat. & ™. Off.” Yes Yes
Trademark owner can prevent the importation of goods using the same or similar trademarks Yes No
Registration does not need to show acquired distinctiveness/secondary meaning for “merely descriptive” marks No Yes