15 U.S.C. § 1091 : US Code - Section 1091: Supplemental register

Search 15 U.S.C. § 1091 : US Code - Section 1091: Supplemental register

(a) Marks registerable
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) Application and proceedings for registration
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) Nature of mark
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.