Claim: Supplemental Register (the secondary register of trademarks) must be capable of distinguishing goods or services, owners still permitted to sue for trademark infringement and provides no evidence of trademark rights.
Evidence: The only requirement for registration on the Supplemental Register is that a mark be capable of distinguishing goods or services, not that it actually serve such a function. Owners of the registrations on the Supplemental Register are still permitted to sue for trademark infringement in federal court based upon their statutory rights created by owning a federal registration, but must prove that the registered term actually functions as mark. Unlike a mark registered on the Principal Register, the Supplemental Registration provides no evidence of trademark rights in the registered term in a court proceeding.