205 Mark on Supplemental Register Not Subject to Opposition
Although the mark in an application for registration on the Principal Register is published for, and subject to, opposition, the mark in an application for registration on the Supplemental Register is not. [ Note 1.] If it appears after examination of an application to register a mark on the Supplemental Register, that applicant is entitled to the registration, a certificate of registration is issued without publication for opposition. [ Note 2.] Upon issuance of the registration, the mark appears in the Official Gazette, not for opposition, but rather to give notice of the issuance of a registration. [ Note 3.]
Because applications for registration on the Supplemental Register are not subject to opposition, but only to cancellation, requests for extensions of time to oppose are not permitted. ESTTA does not permit the filing of a request for an extension of time to oppose against an application for registration on the Supplemental Register, and if such a request were to be filed in paper form, the Board must deny it. The remedy of the would-be opposer lies in the filing of a petition to cancel the registration of the mark, once the registration has issued. [ Note 4.]
NOTES:
1. Trademark Act § 24, 15 U.S.C. § 1092; 37 C.F.R. § 2.82.
2. Trademark Act § 23(b) and Trademark Act § 24; 15 U.S.C. § 1091(b) and 15 U.S.C. § 1092; 37 C.F.R. § 2.82.
3. Trademark Act § 24, 15 U.S.C. § 1092; 37 C.F.R. § 2.82; TMEP § 1502.
4. See Trademark Act § 24, 15 U.S.C. § 1092.