[E-trademarks] Supplemental Register

[Stacey Friends]

Thanks, all!


From: Spencer Cross <spencer at counselforcreators.com>
Sent: Wednesday, May 22, 2024 8:23 PM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Stacey Friends <stacey.friends at rimonlaw.com>
Subject: Re: [E-trademarks] Supplemental Register

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<mailto: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
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