When you apply for a trademark with the U.S. Patent and Trademark Office (USPTO), you may not realize there are two different types of registrations: the Principal Register and the Supplemental Register. Knowing which one you qualify for — and why it matters — can help you protect your brand more effectively.

Here's a breakdown of both options and what to consider before submitting your application.

What Is the Principal Register?

The Principal Register is the USPTO’s main list of registered trademarks. This is where most businesses want to be. To qualify, your trademark must be distinctive — meaning it should stand out and not just describe what you sell.

Key benefits of being on the Principal Register:

• Nationwide ownership rights

• Legal presumption of validity and exclusive use

• Right to sue for infringement with stronger legal footing

• Ability to block similar trademarks from being registered

• Option to file based on "intent to use" before launching your product

• After 5 years, you may gain "incontestable" status, which offers even stronger protection

What Is the Supplemental Register?

The Supplemental Register is for trademarks that don’t meet the criteria for the Principal Register, usually because they are too descriptive. For example, a brand name like “Quick Cleaners” for a cleaning service might not qualify for full protection at first.

You can still register a trademark on the Supplemental Register if you're already using it in business.

Key benefits of the Supplemental Register:

• Right to use the ® symbol

• Official listing with the USPTO

• Some ability to prevent others from registering confusingly similar marks

• Opportunity to move to the Principal Register later, after gaining brand recognition

Trademark Trends in 2025

• Over 700,000 trademark applications were filed in 2024

• Around 89% targeted the Principal Register

• About 15% of applicants who were rejected ended up on the Supplemental Register

• Fewer than 10% of marks on the Supplemental Register were later upgraded

5 Common Mistakes When Choosing a Register

1. Choosing a descriptive name by accident
Many business owners use names that describe their services directly. These are usually rejected from the Principal Register.

Tip: Choose creative, unique, or suggestive names that don’t just explain your product.

2. Thinking the ® symbol means you’re fully protected
Both registers allow you to use the ®, but only the Principal Register gives you full legal benefits.

Tip: Understand that the Supplemental Register offers limited rights.

3. Filing for the wrong register based on your timeline
The Supplemental Register requires actual use of the trademark. If you haven’t started selling yet, you can’t use it.

Tip: If you haven’t launched yet, the Principal Register lets you file based on intent to use.

4. Assuming you can upgrade easily later
It’s possible to move from the Supplemental to the Principal Register, but only if you can prove that your brand has become distinctive.

Tip: Collect proof early — like sales data, marketing campaigns, and customer recognition.

5. Believing both registers offer equal legal strength
Only marks on the Principal Register get automatic legal advantages in court.

Tip: If legal protection is a priority, aim for the Principal Register from day one.

Which Register Should You Choose?

Consider the following:

• If your trademark is unique, creative, or doesn’t describe your product directly, apply for the Principal Register.

• If your trademark is descriptive but you’ve already started using it, the Supplemental Register is a good starting point.

• If you’re not using the trademark in business yet, only the Principal Register allows “intent to use” applications.

• If you plan to grow your brand and eventually qualify for the Principal Register, start with the Supplemental and build from there.

Final Thoughts

Choosing the right register for your trademark is more than a formality — it’s a strategy. The Principal Register offers the highest level of protection, while the Supplemental Register can be a useful stepping stone if your brand name is still gaining traction.

Make sure your application matches your goals, your brand’s distinctiveness, and your timeline. If in doubt, consulting a trademark attorney can help you make the right move from the start.