Act of 1946, Supplemental Register

Certain marks that are not eligible for registration on

the Principal Register, but are capable of distinguishing an applicant’s goods or

services, may be registered on the Supplemental Register.  Sections 23 through 28 of

the Trademark Act, 15 U.S.C. §§1091–1096, provide for registration on the

Supplemental Register.  This is a continuation of the register provided for in the

Act of March 19, 1920.

See

15

U.S.C. §1091(a)

.  Marks registered on the Supplemental Register

are excluded from receiving the advantages of certain sections of the Act of 1946.

The excluded sections are listed in §26 of the Act,

15 U.S.C.

§1094

.

See Otter Prods. LLC v. BaseOneLabs

LLC

, 105 USPQ2d 1252, 1256

(TTAB 2012) (finding that while ownership of a registration on the Supplemental

Register established opposer’s standing to oppose registration of applicant's mark,

it did not establish that opposer owned a proprietary interest in a mark).

See

TMEP

§§815–815.04

and

816

regarding examination procedure

relating to the Supplemental Register.

An applicant may not seek registration on both the

Principal and the Supplemental Register in the same application.  If an applicant

requests registration on both the Principal and the Supplemental Register in the same

application, the examining attorney must require that the applicant amend to specify

only one register, or file a request to divide under

37 C.F.R.

§2.87

.

A mark in an application under §66(a) of the Trademark

Act,

15 U.S.C. §1141f(a)

, based on a request for

extension of protection of an international registration to the United States, cannot

be registered on the Supplemental Register.

15 U.S.C.

§1141h(a)(4)

;

37 C.F.R.

§§2.47(c)

,

2.75(c)

.

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