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Re: Supplemental Register


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Posted by M. Arthur Auslander on January 04, 2001 at 06:16:52:

In Reply to: Supplemental Register posted by Sonia K. Kuster on January 04, 2001 at 05:14:12:

: I have reviewed the TMEP, the CFR and the USC, and cannot find any information regarding the duration and renewal of a trademark registered on the Supplemental Register. Although these references state that the benefits are reduced (as opposed to registration on the Principal Register), the only source that offered a clue to the benefits was the Copyright and Trademark Law for the Nonspecialist 2000, published by Practising Law Institute, chapter 2, pp 179-180, which states that a trademark on the Supplemental Register can be registered on the Principal Register if it proves distinctiveness for a period of five years. I would like to know if this is true. Can the mark be amended to the Principal Register over time? And what are the maintenance requirements for a mark registered on the Supplemental Register?

: By the way, I called the USPTO, and not one person could help me.

: Happy New Year, and many thanks for your assistance.

: Sonia K. Kuster

Dear Sonia K. Kuster,

The PTO is very helpful, but you must understand what to ask. Loosen up and find a lawyer you can trust. If you have anything of value and it is screwed up, you have nothing and the filing fees themselves are high.

The supplement register is a dead end. The renwal period is ten years.

If you have anything of value it can be upgraded to the Principal Register.

For the work that you have done, if your time is worth $3 an hour you could problably take those $3's and have enough money to go to an expensive lawyer and have the job done.

M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com
ELAINE's Workshop (sm)
E arly L egal A dvice I s N ot E xpensive





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