[E-trademarks] Supplemental Register

[Spencer Cross]

I think you might be thinking of the presumptions that come with a
registration on the Principal but not on the Supplemental, which really
only apply in litigation/disputes.

>From a registration standpoint, the EA will always treat marks on the
Supplemental exactly as they do marks on the Principal with regard to the
likelihood of confusion analysis because that's one of the express benefits
of a registration on the Supplemental (even though it directly conflicts
with the idea that the Supplemental is only a listing of non-mark
designations that are capable of eventually becoming a mark but aren't
actually valid trademarks at the time of registration).

Spencer

On Sun, May 19, 2024 at 6:33 PM Stacey Friends via E-trademarks <
e-trademarks at oppedahl-lists.com> wrote:

> Dear esteemed list, I seem to remember that there was some authority
> regarding the limits on the   Supplemental Register and the scope of
> protection. For example, if there is a similar mark, but it is on the
> Supplemental, there as not as much deference to that registration-
> basically the application of the general TM rule that the more distinctive
> the mark the more protection and vice versa.  I you have any cases or
> examples of this please let me know.  Thank you,
>
> Stacey
> Stacey Friends​​​​  |  Partner
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