USPTO basics · The two registers
Principal vs Supplemental Register: what’s the difference?
The USPTO keeps two trademark registers. Where your mark ends up decides how much legal weight the registration carries, whether it can ever become incontestable and whether you can use it to stop counterfeit imports.
By Bill, Business Growth Expert · Verified and checked on October 31, 2026
Short answer
The Principal Register is for distinctive marks and gives the full set of federal benefits: a legal presumption that you own the mark, nationwide notice of your claim, the option to become incontestable after five years and the right to record the mark with U.S. Customs. The Supplemental Register is for marks that could become distinctive but aren’t yet, such as descriptive words, place names and surnames. It still lets you use the ® symbol, sue in federal court and block confusingly similar applications, but it gives none of those legal presumptions. The USPTO fee is the same for both: $350 per class.
Which register will your mark qualify for?
It depends on how distinctive the mark is. The USPTO places every word mark somewhere on a scale from generic to fanciful, and that position decides which register, if either, is open to it.
Primarily geographic terms (“Brooklyn Bagels”) and marks that are primarily just a surname (“Johnson’s”) sit in the same place as descriptive marks. They can go on the Supplemental Register, and on the Principal Register once they’ve acquired distinctiveness. If you aren’t sure where your name falls, our guide on strong vs weak trademarks walks through more examples.
How do the two registers compare?
| Feature | Principal Register | Supplemental Register |
|---|---|---|
| Who it’s for | Distinctive marks, and descriptive marks with acquired distinctiveness | Marks capable of becoming distinctive: descriptive terms, place names, surnames |
| Use the ® symbol | Yes | Yes |
| Sue for infringement in federal court | Yes | Yes |
| USPTO cites it against later, confusingly similar applications | Yes | Yes |
| Legal presumption that you own the mark and have the exclusive right to use it | Yes | No |
| Nationwide constructive notice of your ownership claim | Yes | No |
| Can become incontestable after five years | Yes | No |
| Record with U.S. Customs to stop infringing imports | Yes | No |
| Published for opposition before registering | Yes, a 30-day window | No, but anyone harmed can petition to cancel it at any time |
| Can be filed on an intent-to-use basis | Yes | Only after you file proof that the mark is in use |
| USPTO base filing fee | $350 per class | $350 per class |
| Maintenance filings | Section 8 between years 5–6, Sections 8 and 9 between years 9–10 | Same schedule |
The short version: the Supplemental Register protects your place in line at the USPTO and lets you enforce the mark, but you start every dispute with less in your favor, because you have to prove things that a Principal registration would let a court presume.
How does a mark end up on the Supplemental Register?
Almost always through an Office Action. You file a trademark application for the Principal Register, and the examining attorney refuses the mark as merely descriptive, primarily geographically descriptive or primarily merely a surname. One way to respond is to amend the application to the Supplemental Register. That ends the descriptiveness argument, and the application moves on to registration without an opposition period.
Two rules catch people out. First, the Supplemental Register only accepts marks that are already in use, so an intent-to-use application can’t be amended until you’ve filed an amendment to allege use with a valid specimen. Second, when an intent-to-use application is amended to the Supplemental Register, its effective filing date becomes the date that proof of use was filed. A competitor who applied in between can end up ahead of you.
Before you accept the amendment: it is worth checking whether you can argue the mark is suggestive rather than descriptive, or show acquired distinctiveness. Our guide to the merely descriptive refusal covers both routes, and the Office Action response guide explains the deadlines.
Is a Supplemental registration worth having?
For most owners of a descriptive mark, yes, because the alternative is no federal registration at all. A Supplemental registration:
- lets you use the ® symbol, which tells competitors the mark is federally registered;
- shows up in USPTO searches, so other businesses doing clearance will find it;
- gives the USPTO grounds to refuse later applications that are confusingly similar;
- allows you to sue for infringement in federal court;
- keeps you using the mark while you build the record of use you need to move it to the Principal Register.
What it can’t do is give you a head start in court, become incontestable or be recorded with Customs. If keeping counterfeits out of the country is your main worry, aim for the Principal Register.
Can you move from the Supplemental to the Principal Register?
Not by converting the registration, but you can file a new application for the Principal Register once the mark has acquired distinctiveness. That means showing that buyers now see the term as your brand rather than a description. The law lets the USPTO accept five years of substantially exclusive and continuous use as initial evidence of this, through a claim under Section 2(f). Highly descriptive terms usually need more, such as sales figures, advertising spend, media coverage or customer declarations.
Your Supplemental registration stays in force while the new application is pending, and you can keep both. Remember that the Supplemental registration still needs its own maintenance filings. Our guide to Section 8 and 9 deadlines covers the dates.
Not sure how distinctive your name is? A search shows what’s already registered.
Run a free trademark searchPrincipal and Supplemental Register questions
What is the difference between the Principal and Supplemental Register?
The Principal Register is for distinctive marks and gives full federal benefits, including a presumption of ownership, nationwide notice and the chance to become incontestable. The Supplemental Register is for marks that are not yet distinctive, such as descriptive terms, and offers fewer benefits.
Can I use the ® symbol on the Supplemental Register?
Yes. Any federally registered mark, on either register, can use the ® symbol for the goods and services listed in the registration.
Does the Supplemental Register cost more or less?
Neither. The USPTO base application fee is $350 per class for both registers, and the maintenance fees are the same.
Can a Supplemental Register trademark become incontestable?
No. Incontestable status under Section 15 is only available for registrations on the Principal Register.
How long does a mark stay on the Supplemental Register?
As long as you keep using it and file the required maintenance documents: a Section 8 declaration between years 5 and 6, and combined Sections 8 and 9 filings every 10 years.
Can a generic term go on the Supplemental Register?
No. Generic terms cannot be registered on either register, because they are the common name for the product or service.
Related guides
Legal disclaimer: This guide is general information, not legal advice. Secure Mark USA is a trademark filing service, not a law firm, and does not employ attorneys. If your application has been refused as descriptive, a licensed trademark attorney can advise on the best response.
Sources
- 15 U.S.C. §1091: Supplemental register
- 15 U.S.C. §1092: Publication and cancellation for supplemental registrations
- 15 U.S.C. §1094: Benefits not available to supplemental registrations
- 15 U.S.C. §1052(f): Acquired distinctiveness and the five-year rule
- 15 U.S.C. §1065: Incontestability
- USPTO: Trademark fee schedule, checked October 31, 2026
- USPTO: Trademark Manual of Examining Procedure (sections 815, 816 and 1209)
Verified and checked on October 31, 2026.