---
kind: "range"
citation: "15 U.S.C. §§ 1091–1096"
title: "15"
from: "1091"
to: "1096"
count: 6
release: "119-102"
url: "https://uscodex.org/usc/15/1091..1096"
---

# §1091. Supplemental register

- (a) **Marks registerable—** In addition to the [principal register](/usc/15/1127.md), the [Director](/usc/15/1127.md) shall keep a continuation of the register provided in paragraph (b) of section 1 of the Act of March 19, 1920, entitled “An Act to give effect to certain provisions of the convention for the protection of [trademarks](/usc/15/1127.md) and [commercial names](/usc/15/1127.md), made and signed in the city of Buenos Aires, in the Argentine Republic, August 20, 1910, and for other purposes”, to be called the [supplemental register](/usc/15/1127.md). All [marks](/usc/15/1127.md) capable of distinguishing [applicant](/usc/15/1127.md)’s goods or services and not registrable on the [principal register](/usc/15/1127.md) provided in this chapter, except those declared to be unregistrable under subsections (a), (b), (c), (d), and (e)(3) of [section 1052 of this title](/usc/15/1052.md), which are in lawful [use in commerce](/usc/15/1127.md) by the owner thereof, on or in connection with any goods or services may be registered on the [supplemental register](/usc/15/1127.md) upon the payment of the prescribed fee and compliance with the provisions of subsections (a) and (e) of [section 1051 of this title](/usc/15/1051.md) so far as they are applicable. Nothing in this section shall prevent the registration on the [supplemental register](/usc/15/1127.md) of a [mark](/usc/15/1127.md), capable of distinguishing the [applicant](/usc/15/1127.md)’s goods or services and not registrable on the [principal register](/usc/15/1127.md) under this chapter, that is declared to be unregistrable under [section 1052(e)(3) of this title](/usc/15/1052.md), if such [mark](/usc/15/1127.md) has been in lawful [use in commerce](/usc/15/1127.md) by the owner thereof, on or in connection with any goods or services, since before December 8, 1993.
- (b) **Application and proceedings for registration—** Upon the filing of an [application](/usc/15/77ccc.md?p=8) for registration on the [supplemental register](/usc/15/1127.md) and payment of the prescribed fee the [Director](/usc/15/1127.md) shall refer the [application](/usc/15/77ccc.md?p=8) to the examiner in charge of the registration of [marks](/usc/15/1127.md), who shall cause an examination to be made and if on such examination it shall appear that the [applicant](/usc/15/1127.md) is entitled to registration, the registration shall be granted. If the [applicant](/usc/15/1127.md) is found not entitled to registration the provisions of subsection (b) of [section 1062 of this title](/usc/15/1062.md) shall apply.
- (c) **Nature of mark—** For the purposes of registration on the [supplemental register](/usc/15/1127.md), a [mark](/usc/15/1127.md) may consist of any [trademark](/usc/15/1127.md), symbol, label, [package](/usc/15/1471.md?p=3), configuration of goods, name, word, slogan, phrase, surname, geographical name, numeral, device, any matter that as a whole is not functional, or any combination of any of the foregoing, but such [mark](/usc/15/1127.md) must be capable of distinguishing the [applicant](/usc/15/1127.md)’s goods or services.

# §1092. Publication; not subject to opposition; cancellation


[Marks](/usc/15/1127.md) for the [supplemental register](/usc/15/1127.md) shall not be published for or be subject to opposition, but shall be published on registration in the Official Gazette of the Patent and [Trademark](/usc/15/1127.md) Office. Whenever any [person](/usc/15/1127.md) believes that such [person](/usc/15/1127.md) is or will be damaged by the registration of a [mark](/usc/15/1127.md) on the [supplemental register](/usc/15/1127.md)—

- (1) for which the effective [filing date](/usc/15/78lll.md?p=7) is after the date on which such [person](/usc/15/1127.md)’s [mark](/usc/15/1127.md) became famous and which would be likely to cause dilution by blurring or dilution by tarnishment under [section 1125(c) of this title](/usc/15/1125.md?p=c); or
- (2) on grounds other than dilution by blurring or dilution by tarnishment,

such [person](/usc/15/1127.md) may at any time, upon payment of the prescribed fee and the filing of a petition stating the ground therefor, apply to the [Director](/usc/15/1127.md) to cancel such registration. The [Director](/usc/15/1127.md) shall refer such [application](/usc/15/77ccc.md?p=8) to the [Trademark](/usc/15/1127.md) Trial and Appeal [Board](/usc/15/205c.md?p=1) which shall give notice thereof to the [registrant](/usc/15/1127.md). If it is found after a hearing before the [Board](/usc/15/205c.md?p=1) that the [registrant](/usc/15/1127.md) is not entitled to registration, or that the [mark](/usc/15/1127.md) has been abandoned, the registration shall be canceled by the [Director](/usc/15/1127.md), unless the [Director](/usc/15/1127.md) reconsiders the decision of the [Board](/usc/15/205c.md?p=1), and modifies or sets aside, such decision. However, no final judgment shall be entered in favor of an [applicant](/usc/15/1127.md) under [section 1051(b) of this title](/usc/15/1051.md?p=b) before the [mark](/usc/15/1127.md) is registered, if such [applicant](/usc/15/1127.md) cannot prevail without establishing constructive use pursuant to [section 1057(c) of this title](/usc/15/1057.md?p=c).


# §1093. Registration certificates for marks on principal and supplemental registers to be different


The certificates of registration for [marks](/usc/15/1127.md) registered on the [supplemental register](/usc/15/1127.md) shall be conspicuously different from certificates issued for [marks](/usc/15/1127.md) registered on the [principal register](/usc/15/1127.md).


# §1094. Provisions of chapter applicable to registrations on supplemental register


The provisions of this chapter shall govern so far as applicable [applications](/usc/15/77ccc.md?p=8) for registration and registrations on the [supplemental register](/usc/15/1127.md) as well as those on the [principal register](/usc/15/1127.md), but [applications](/usc/15/77ccc.md?p=8) for and registrations on the [supplemental register](/usc/15/1127.md) shall not be subject to or receive the advantages of sections [1051(b)](/usc/15/1051.md?p=b), [1052(e)](/usc/15/1052.md?p=e), [1052(f)](/usc/15/1052.md?p=f), [1057(b)](/usc/15/1057.md?p=b), [1057(c)](/usc/15/1057.md?p=c), [1062(a)](/usc/15/1062.md?p=a), [1063 to 1068](/usc/15/1063..1068.md), inclusive, 1072, 1115 and [1124](/usc/15/1124.md) of this title. Registrations on the [supplemental register](/usc/15/1127.md) shall be subject to ex parte expungement and ex parte reexamination under sections [1066a](/usc/15/1066a.md) and [1066b](/usc/15/1066b.md) of this title, respectively.


# §1095. Registration on principal register not precluded


Registration of a [mark](/usc/15/1127.md) on the [supplemental register](/usc/15/1127.md), or under the [Act of March 19, 1920](/usc/15/1127.md), shall not preclude registration by the [registrant](/usc/15/1127.md) on the [principal register](/usc/15/1127.md) established by this chapter. Registration of a [mark](/usc/15/1127.md) on the [supplemental register](/usc/15/1127.md) shall not constitute an admission that the [mark](/usc/15/1127.md) has not acquired distinctiveness.


# §1096. Registration on supplemental register not used to stop importations


Registration on the [supplemental register](/usc/15/1127.md) or under the [Act of March 19, 1920](/usc/15/1127.md), shall not be filed in the Department of the Treasury or be used to stop importations.