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Why Trademark Applications Are Rejected

It’s no secret that not all trademark applications are accepted and approved. I’m often asked why that is and I want to share some of those reasons with you today. 

Common Grounds For Trademark Application Rejections:

  1. The trademark is too similar to another trademark already registered with the USPTO – e.g., Sally’s Hamburgers” and Sally’s Burgers,” for restaurants.
  2. The trademark is generic or too descriptive of the product or service. – e.g., “We cater your party,” for food catering services
  3. The trademark consists of or comprises immoral, deceptive, or scandalous matter. – e.g. “Real Silver,” for fake silver jewelry.
  4. The trademark only describes the location or geographic source of the product or service — e.g. “Chicago Pizza,” for pizza in or from Chicago.
  5. The trademark falsely describes the location or geographic source of the product or service — e.g. “Sweet Florida Mangoes,” for mangoes from Mexico.

Other Grounds for Rejection:

  • The trademark is similar to existing national emblems, symbols, etc.,      that have national or international significance.
  • The trademark falsely describes the product or service.

To learn more about how to select a proper trademark for your brand and business, click here to schedule a one-hour consultation with me. **This information is for informational purposes only, no attorney-client privilege has been formed.

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