What’s the Difference Between the Principal and Supplemental Register?

When small businesses apply to register a trademark, most assume there’s only one destination: a federal trademark registration. But in reality, there are two possible registers maintained by the United States Patent and Trademark Office (USPTO): the Principal Register and the Supplemental Register. Understanding the differences between these two registers—and how they impact your rights—is essential when protecting your brand.

In this article, we’ll explain the Principal vs. Supplemental Register distinction in plain terms, highlight real-world strategies for leveraging each option, and help you choose the best path for long-term brand protection.

What Is the Principal Register?

The Principal Register is the USPTO’s main registry for trademarks. To qualify, a trademark must be inherently distinctive (like coined or arbitrary terms), or it must have acquired secondary meaning through long-standing commercial use.

Benefits of the Principal Register

• Nationwide Presumption of Ownership and Validity: Registration serves as prima facie evidence that you own the mark and have the exclusive right to use it nationwide (15 U.S.C. § 1057(b)).
• Constructive Notice to Others: Once registered, others are legally presumed to know about your mark—even if they’ve never seen it.
• Stronger Examination Protection: USPTO examiners can cite your mark to block similar applications, helping preserve your space in the market.
• Incontestability After Five Years: If used continuously, you can seek “incontestable” status under 15 U.S.C. § 1065, significantly limiting future legal challenges.
• Customs Enforcement: You can record your trademark with U.S. Customs to block the import of counterfeit goods (15 U.S.C. § 1124).
• International Leverage: Registration can serve as the basis for foreign filings under treaties like the Madrid Protocol.
• Federal Court Jurisdiction: Your registration gives you standing to sue for trademark infringement in federal court—with the possibility of statutory damages and attorney’s fees.
• Use of the ® Symbol: Once registered, you’re entitled to use the ® symbol with your mark to deter infringers and signal legitimacy.

Learn more about registering a trademark on the Principal Register here.

What Is the Supplemental Register?

Not all marks qualify for the Principal Register—especially in the early stages of brand development. If your trademark is considered merely descriptive, geographically descriptive, or primarily a surname, the USPTO will likely refuse it for the Principal Register. But that doesn’t mean you’re out of options. Enter: the Supplemental Register.

If your mark was initially refused for being merely descriptive, you can often amend your application to the Supplemental Register instead of starting over. The USPTO offers a formal process for doing this, which you can review in their official amendment guide. This option allows you to maintain momentum and secure a foothold for future brand growth.

The Supplemental Register gives businesses with descriptive or borderline marks a way to get their foot in the door while they build distinctiveness over time.

Eligibility Requirements

To qualify for the Supplemental Register, a mark must already be in use in commerce with the goods or services listed in the application—intent-to-use applications are not permitted. Additionally, the mark must be capable of acquiring distinctiveness over time, even if it doesn’t meet that bar today. This means that while the mark may be too descriptive or generic for the Principal Register now, it shows potential to grow into a protectable brand through consistent commercial use and consumer exposure.

Benefits of the Supplemental Register

• Use of the ® Symbol: Even though it’s a second-tier register, your mark can still display the federal registration symbol.
• Federal Jurisdiction: You can sue for infringement in federal court, though your case may face higher evidentiary hurdles.
• Public Notice: Your mark is listed in the USPTO database and can deter others from choosing something similar.
• Blocking Similar Marks: Your registration can still be cited to refuse later-filed applications under Section 2(d), though not as strongly as a Principal Register mark.
• Foreign Application Support: In some cases, a Supplemental registration can be used as the basis for international filings.
• Bridge to Stronger Rights: You can reapply to the Principal Register later once you’ve built enough brand recognition.

Attorney Insight: The Supplemental Register doesn’t carry the same legal weight—but it still serves as a useful tool. Think of it as a placeholder while you grow your brand. It gives you visibility, limited blocking rights, and a foundation to build on.

More details are available on our FAQ page.

Key Differences Between the Principal and Supplemental Registers

Can a Mark Move from the Supplemental to the Principal Register?

Yes—and many marks do. Once your brand gains distinctiveness in the marketplace, you can file a new application to register the mark on the Principal Register under Section 2(f). You’ll need to provide persuasive evidence such as:

• Five or more years of continuous and exclusive use
• Marketing spend, sales figures, and media coverage
• Consumer surveys or declarations from third parties

Until then, keep your Supplemental registration active by filing a Section 8 Declaration between years five and six.

Why the Register Matters in a Legal Dispute

In trademark litigation, a registration on the Principal Register can be a game-changer. It provides a legal presumption of ownership, validity, and exclusive rights—making your case easier to prove and more intimidating to challengers. In contrast, if your mark is only on the Supplemental Register, you must affirmatively prove those rights from scratch. That means more evidence, more attorney time, and potentially more risk.

Real-World Example: When the Supplemental Register Makes Sense

Imagine a bakery named “Healthy Cravings.” Because the name describes a feature of the product, the USPTO considers it merely descriptive and refuses Principal Register registration. But rather than abandon the application, the owner pivots: she amends to the Supplemental Register. Over time, her bakery gains a loyal following. After five years of consistent use and branding, she reapplies—this time submitting customer testimonials, media mentions, and financial data. The USPTO agrees: the mark has acquired distinctiveness and now belongs on the Principal Register.

Strategic Takeaways for Business Owners

• If your trademark is unique or already has recognition, aim for the Principal Register first.
• If it’s descriptive or borderline, consider the Supplemental Register as a smart interim move.
• Either way, stay active—use your mark publicly, monitor for infringement, and keep good records to support future filings.

Not sure where your mark stands? Start with a trademark clearance search.

Protect Your Brand with Help from Harrigan IP

Need help navigating the USPTO or choosing the right register for your trademark? We work with clients across the country to secure strong, enforceable trademark rights—whether you’re just starting out or ready to elevate your brand to the next level.

Schedule a consultation today and explore our flat-fee options or, if you’re ready to begin the registration process now, you can get started here.

Related Articles

• Choosing a Strong Trademark
• Word Mark vs. Logo
• Trademark Screening Searches
• Can You Trademark a Viral Phrase?
• Trademark Oppositions