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ARTICLE · 10 FEBRUARY 2026

The U.S. Supplemental Register

Cowan, Liebowitz & Latman, PC
Cowan, Liebowitz & Latman, PC
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Cowan, Liebowitz & Latman, PC

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What is the Supplemental Register in the U.S.? Why apply to register a mark on the Supplemental Register? Can a registration on the Supplemental Register block the registration of a confusingly similar mark?

United StatesIntellectual Property

What is the Supplemental Register in the U.S.? Why apply to register a mark on the Supplemental Register? Can a registration on the Supplemental Register block the registration of a confusingly similar mark?

In recent years, many brand owners have adopted marks that immediately describe aspects of their goods or services (imagine CREAMY for yogurt). This is a way of letting consumers know something about the goods or services, without having to spend money to educate them through advertising or publicity. The flip side to this choice: it is harder to stop competitors from using descriptive terms that are the same or similar.

If you have selected a descriptive mark, a U.S. application seeking registration on the Principal Register is likely to be refused, unless you can demonstrate that consumers have come to recognize that term as a source designation for your goods or services (referred to as acquiring secondary meaning).

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