Claim: Supplemental Register 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.