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Marks in the Supplemental Register do not meet the requirements for primary registration, typically because they are not inherently distinctive. The owner of a mark in the Supplemental Register has the right to sue for infringement, but the owner of a mark in the Primary Register gets more rights:

• Public notice of your claim of ownership of the mark;

• A legal presumption of your ownership of the mark and your exclusive right to use the mark

nationwide on or in connection with the goods/services listed in the registration;

• The ability to bring an action concerning the mark in federal court;

• The use of the U.S. registration as a basis to obtain registration in foreign countries;

• The ability to record the U.S. registration with the U.S. Customs and Border Protection (CBP)

Service to prevent importation of infringing foreign goods;

• The right to use the federal registration symbol ®; and

• Listing in the United States Patent and Trademark Office's online databases.

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Q: What is the difference in the protection and rights of a Primary Trademark and a Supplemental Trademark?
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