Amend to Supplemental Register — Trademark Office Action Guide

What the USPTO is saying

The examining attorney has indicated your mark is not eligible for the Principal Register in its current form — typically due to descriptiveness — but may qualify for the Supplemental Register if you amend your request.

Why this issue is raised

Descriptive, geographic, and surname marks that lack acquired distinctiveness cannot register on the Principal Register but may still benefit from Supplemental Register protection while building brand recognition.

How applicants typically overcome it

• Amend the application to seek registration on the Supplemental Register instead of the Principal Register.
• Confirm the mark is in use in commerce if required for Supplemental Register eligibility.
• Understand Supplemental Register limitations: no presumption of validity, no intent-to-use basis, but you can use ® and block later conflicting applications.
• Alternatively, argue Principal Register eligibility with a Section 2(f) claim if you have sufficient evidence.

Related Office Action issues

• Section 2(e)(1): Descriptiveness
• Section 2(f): Acquired Distinctiveness
• Amend to Principal Register

Frequently asked questions