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Trademarks
The USPTO will refuse to register a mark if it does not function as a trademark or service mark. Not all words, names, symbols or devices function as trademarks. For example, names which merely describe the goods on which it is used cannot be registered. This means you cannot register the mark "keyboard" for a computer keypad.
Several of the most common (though not the only) grounds for refusing registration include:
- The proposed mark is merely descriptive or deceptively misdescriptive of the applicant's goods or services. Examples of merely descriptive marks which would be refused include: medical guide for website services featuring medical guides, denim for jeans, and spicy sauce for salsa.
- The proposed mark consists of or comprises immoral, deceptive, or scandalous matter.
- The proposed mark may disparage or falsely suggest a connection with persons (living or dead), institutions, beliefs, or national symbols, or bring them into contempt or disrepute.
- The proposed mark consists of or comprises the flag, coat of arms, or other insignia of the United States or any state, municipality, or foreign nation.
- The proposed mark consists of or comprises a name, portrait or signature identifying a particular living individual, except by that individual's written consent; or the name, signature, or portrait of a deceased U.S. President during the life of his widow, if any, except by the widow’s written consent.
- The proposed mark resembles a mark already registered by the Patent and Trademark Office (PTO), so that use of the applicant's mark would likely cause confusion, mistake or deception.
- The proposed mark is primarily geographically descriptive or deceptively geographically misdescriptive of applicant's goods or services.
- The proposed mark is primarily merely a surname.
- Matter that, as a whole, is functional.
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