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); State Permits, Inc. v. Fieldvine, Inc., Can. No. 92075095, 2024 TTAB LEXIS 291, at *32 (2024) (citing In re Future Ads LLC, Ser. No. 85134539, 2012 TTAB LEXIS 283, at *11-12 (2012)); In re Highlights for Children, Inc., Ser. No. 85838981, 2016 TTAB LEXIS 104, at *14-15 (2016).