To qualify for registration on the Supplemental Register, a mark must (1) already be in use in commerce and (2) be capable of distinguishing the applicant’s goods/services.
For the purposes of registration on the supplemental register, a mark may consist of any trademark, symbol, label, package, configuration of goods, name, word, slogan, phrase, surname, geographical name, numeral, device, any matter that as a whole is not functional, or any combination of any of the foregoing, but such mark must be capable of distinguishing the applicant’s goods or services. 5 U.S.C. §1091.
A registration on the Supplemental Register is not entitled to many of the benefits of registration afforded to marks register on the Principal Register. However, they do enjoy the following benefits:
Applications on the Supplemental Register are not subject to opposition under 15 U.S.C. §1063, but are subject to cancellation under 15 U.S.C. §1064. 15 U.S.C. §1092.
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