No Acquired Distinctiveness Needed For Section 2(d) Cancellation On Supplemental Register

The "Supplemental trademark register" is a classification of trademarks unique to the United States, designed specifically to offer some of the benefits of normal "Principal register" marks to those that the United States Trademark Office determines are not currently sufficiently distinctive to serve as trademarks, but are (with use) capable over time of acquiring distinctiveness sufficient to qualify as a trademark. Because there is a legal presumption of "acquired distinctiveness" after five years of continuous use, the Supplemental register effectively serves as a kind of warehouse for trademarks that the owners want to be able to assert rights in, and possession of a Supplemental registration itself can help in supporting a later application on the Principal trademark register, with its superior bundle of protections and presumptions.¹ Within the community of trademark attorneys in the United States there is a lively debate about whether the Supplemental