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:
- The registrant may use the registration symbol ®;
- The registration is protected against registration of a confusingly similar mark under Trademark Act Section 2(d); and
- The registration may serve as the basis for a filing in a foreign country under the Paris Convention and other international agreements.
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.