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Trademarks: The Principal Register vs. the Supplemental Register

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When a trademark has been registered with the United States Patent & Trademark Office in the Principal Register, its benefits are maximized, as it is given constructive notice, which gives notice of the registration. After five years the trademark becomes incontestable as well, and it is able to withstand challenges by others, due to a presumption of validity.

On the other hand, these same advantages are not provided in the Supplemental Register of the United States Patent & Trademark Office. However, the owner of a trademark registered in the Supplemental Register can display it with the official registration symbol and prevent federal registration of the trademark by other parties. Trademarks in the Supplemental Register can be found in federal trademark searches, and can later be amended to the Principal Register after it has achieved acquired distinctiveness.

You would be wise to consult with a Florida trademark lawyer first, before undertaking any trademark matters.

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