How to Amend a Trademark Application to the
Supplemental Register

Trademarks can be rejected if they are deemed to be not distinctive enough (for example, if the mark is said to be merely descriptive of the goods or services being sold).  If this happens the government will send you an "Office Action" email.  The Office Action will inform you that one solution is to amend your application afrom the normal "principal" register to the "supplemental" register.  Here are the instructions for doing that

Step by Step Instructions
  1. Login to the same USPTO account that you created when you first filed your Intent to Use tradmark application

    • If you can't remember your username and password you can create a new account.  Using the above link click "Create an Account" then follow the instructions to create the new account

    • Then log-in

  2. Then, under "TRADEMARK FORM FINDER", click the link for "Respond to correspondence from the USPTO"

  3. Then from the resulting drop-down menu click "Respond to Office Action from Law Office Examining Attorney")

  4. On the next page enter the serial number of the original trademark application (found on the filing receipt email sent to you) - then click "continue" on the bottom of the page

  5. On the next page the only thing that you need to do is to answer question "3" by clicking the button for "Yes" - then click "Continue" at the bottom of the page

  6. On the next page the only thing that you need to do is to click the box to the left of the words "SUPPLEMENTAL REGISTER" - then click "Continue" on the bottom of the page.

  7. On the next page make any needed changes to your contact information (only if needed) then click "Continue" on the bottom of the page.

  8. The next page is where you electronically sign.

    • click the first of the three buttons (stating that you are not represented by an attorney)

    • In the "signature" box type your name as shown in the following example: "/Jane Doe/" (without the quotes)

    • In the "Signatory Name" box type your name as shown in the following example: "Doe, Jane" (without the quotes)

    • Then in the other boxes enter your phone number and the date

    • At the bottom the "Validate" button then follow the instructions on the final page
 		Background:  What is the
Supplemental Register?
  • The United States Patent and Trademark Office has two registries for trademark applications.  The "principal" and the "supplemental".  The principal register is the default and is the registry used for the vast majority of trademark registrations.

  • The supplemental register is used for marks that are merely descriptive of the products or services that are being sold.  The supplemental registry provides most, but not all, of the protection afforded to marks on the principal register (click to read more).

  • The protection under the supplemental register last ONLY FOR FIVE YEARS unless further action is taken at that time.  In order to continue protection for the trademark AFTER the 5-year period an new application for the normal "principal registry" would have to be filed.

  • The new application must include evidence that the trademark had taken on an "acquired distinctiveness" (meaning the public has started associating the trademark specifically with the goods or services being sold by the trademark's owner).  For example, when people hear the words "dog chow" most instantly think of "Purina".  The type of evidence that must be submitted would be digital images showing the use of the mark on things such as packaging, advertising, websites, etc.  If you are able to do that the mark would likely qualify for an application under the normal Principal Register