Title 15 — Commerce and TradeRelease 119-73
§1091 Supplemental register
Title 15 › Chapter CHAPTER 22— - TRADEMARKS › Subchapter SUBCHAPTER II— - THE SUPPLEMENTAL REGISTER › § 1091
Summary
The Director must keep a supplemental trademark register next to the main register. Marks that can identify the owner’s goods or services but cannot go on the main register may be put on the supplemental register if the owner uses them lawfully in commerce, pays the required fee, and follows the filing rules. Marks declared unregistrable under subsections (a), (b), (c), (d), and (e)(3) of section 1052 cannot be registered on the supplemental register, except a mark barred by 1052(e)(3) can be registered if the owner has used it in commerce since before December 8, 1993. When someone files and pays the fee, an examiner checks the application. If the examiner finds the owner is entitled, the mark is registered. If not, the refusal rules in subsection (b) of section 1062 apply. A supplemental register mark can be any kind of trademark—like a name, word, slogan, symbol, package design, shape, number, or other nonfunctional matter—so long as it can distinguish the owner’s goods or services.
Full Legal Text
Title 15, §1091
Commerce and Trade — Source: USLM XML via OLRC
(a)In addition to the principal register, the Director 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 and commercial names, 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. All marks capable of distinguishing applicant’s goods or services and not registrable on the principal register 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, which are in lawful use in commerce by the owner thereof, on or in connection with any goods or services may be registered on the supplemental register upon the payment of the prescribed fee and compliance with the provisions of subsections (a) and (e) of section 1051 of this title so far as they are applicable. Nothing in this section shall prevent the registration on the supplemental register of a mark, capable of distinguishing the applicant’s goods or services and not registrable on the principal register under this chapter, that is declared to be unregistrable under section 1052(e)(3) of this title, if such mark has been in lawful use in commerce by the owner thereof, on or in connection with any goods or services, since before December 8, 1993.
(b)Upon the filing of an application for registration on the supplemental register and payment of the prescribed fee the Director shall refer the application to the examiner in charge of the registration of marks, who shall cause an examination to be made and if on such examination it shall appear that the applicant is entitled to registration, the registration shall be granted. If the applicant is found not entitled to registration the provisions of subsection (b) of section 1062 of this title shall apply.
(c)For the purposes of registration on the supplemental register, a mark may consist of any trademark, symbol, label, package, 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 must be capable of distinguishing the applicant’s goods or services.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
Paragraph (b) of section 1 of the Act of
March 19, 1920, referred to in subsec. (a), is paragraph (b) of section 1 of act Mar. 19, 1920, ch. 104, 41 Stat. 533, which was classified to section 121(b) of this title, and repealed by act
July 5, 1946, ch. 540, § 46(a), 60 Stat. 444, insofar as inconsistent.
Prior Provisions
Acts Mar. 19, 1920, ch. 104, § 1, 41 Stat. 533; Apr. 11, 1930, ch. 132, § 4, 46 Stat. 155; June 10, 1938, ch. 332, § 2, 52 Stat. 638.
Amendments
2002—Subsec. (c). Pub. L. 107–273 struck out second comma after “numeral”. 1999—Subsec. (a). Pub. L. 106–113 substituted “Director” for “Commissioner”. Pub. L. 106–43 substituted “trademarks” for “trade-marks”. Subsec. (b). Pub. L. 106–113 substituted “Director” for “Commissioner”. 1998—Subsec. (c). Pub. L. 105–330 substituted “, device, any matter that as a whole is not functional,” for “or device”. 1993—Subsec. (a). Pub. L. 103–182 substituted “(d), and (e)(3)” for “and (d)” and inserted at end “Nothing in this section shall prevent the registration on the supplemental register of a mark, capable of distinguishing the applicant’s goods or services and not registrable on the principal register under this chapter, that is declared to be unregistrable under section 1052(e)(3) of this title, if such mark has been in lawful use in commerce by the owner thereof, on or in connection with any goods or services, since before December 8, 1993.” 1988—Pub. L. 100–667, § 121(6), struck out undesignated concluding par. which read as follows: “Upon a proper showing by the applicant that he requires domestic registration as a basis for foreign protection of his mark, the Commissioner may waive the requirement of a full year’s use and may grant registration forthwith.” Subsec. (a). Pub. L. 100–667, § 121(1), (4), designated first par. as subsec. (a), made technical amendment to reference in the original act to subsections (a), (b), (c), and (d) of section 1052 of this title resulting in no change in text, substituted “are in lawful use in commerce by the owner thereof, on” for “have been in lawful use in commerce by the proprietor thereof, upon”, struck out “for the year preceding the filing of the application” after “any goods and services”, and inserted “subsections (a) and (e) of” before “section 1051”. Subsec. (b). Pub. L. 100–667, § 121(2), (5), designated second par. as subsec. (b) and substituted “prescribed fee” for “fee herein provided”. Subsec. (c). Pub. L. 100–667, § 121(3), designated third par. as subsec. (c). 1962—Pub. L. 87–772 struck out “has begun the lawful use of his mark in foreign commerce and that he” before “requires domestic registration” in last par.
Statutory Notes and Related Subsidiaries
Effective Date
of 1999 AmendmentAmendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of Title 35, Patents.
Effective Date
of 1998 AmendmentAmendment by Pub. L. 105–330 effective Oct. 30, 1998, and applicable only to any civil action filed or proceeding before the United States Patent and Trademark Office commenced on or after such date relating to the registration of a mark, see section 201(b) of Pub. L. 105–330, set out as a note under section 1051 of this title.
Effective Date
of 1993 AmendmentAmendment by Pub. L. 103–182 applicable only to trademark applications filed on or after Dec. 8, 1993, see section 335(c) of Pub. L. 103–182, formerly set out in a note under section 1052 of this title.
Effective Date
of 1988 AmendmentAmendment by Pub. L. 100–667 effective one year after Nov. 16, 1988, see section 136 of Pub. L. 100–667, set out as a note under section 1051 of this title. Repeal and Effect on Existing RightsRepeal of inconsistent provisions, effect of this chapter on pending proceedings and existing registrations and rights under prior acts, see notes set out under section 1051 of this title.
Executive Documents
Transfer of Functions
For
Transfer of Functions
of other officers, employees, and agencies of Department of Commerce, with certain exceptions, to Secretary of Commerce, with power to delegate, see Reorg. Plan No. 5 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees.
Reference
Citations & Metadata
Citation
15 U.S.C. § 1091
Title 15 — Commerce and Trade
Last Updated
Apr 6, 2026
Release point: 119-73