TMEP § 815.03
Under 15 U.S.C. §1095, registration of a mark on the Supplemental Register does not constitute an admission that the mark has not acquired distinctiveness. However, seeking registration on the Supplemental Register is an admission that the mark is not inherently distinctive. See, e.g., In re Clorox Co., 578 F.2d 305, 308 (C.C.P.A. 1978); Quaker State Oil Refin. Corp. v. Quaker Oil Corp., 453 F.2d 1296, 1299 (C.C.P.A. 1972); In re Ye Mystic Krewe of Gasparilla, Ser. No. 90522364, 2025 TTAB LEXIS 412, at *10 (2025) (citing State Permits, Inc. v. Fieldvine, Inc., Can. No. 92075095, 2024 TTAB LEXIS 291, at *32 (2024)); In re Highlights for Children, Inc., Ser. No. 85838981, 2016 TTAB LEXIS 104, at *14-15 (2016).