To overcome an ornamental refusal, you can ask change your application from the main registry to the additional registry. The Supplementary Register is a second register of marks where marks may be registered which are not yet eligible for registration in the main register, but which may, over time, become an indicator of provenance. Trademarks registered in the Supplementary Register, like those registered in the Main Register, are protected from conflicting marks in subsequent USPTO applications. However, entries in the additional register do not enjoy the same legal advantages and presumptions as entries in the main register.
WARNING FOR SECTION 66(a) APPLICATIONS: This option makes do not apply to an application based on section 66(a).
For more information on the additional register, see 15 USC §1094; 37 CFR §§2.47, 2.75(a); and TMEP §§801.02(b), 816.
Instructions from TEAS for modifying your request to the additional register:
To answer a non-final administrative act, use the online “Response to Office Action” (ROA) form. To answer a final office action, use the online form “Request for Reconsideration after Final Action”. The instructions provided in both forms are the same. If you need technical assistance with TEAS, contact [email protected]
Once you have opened the appropriate TEAS form:
- Answer “Yes” to question 3 of the wizard.
- In the next part of the form, under the “Additional declarations” page, check the “Additional register” box.
- Click the “Submit” button.