What are the Statutory Grounds for the Rejection of a Trademark Application?


Category: Intellectual Property Law

Section 2 of the Lanham Act prohibits registration of a mark that:

  • Consists of or comprises immoral, deceptive or scandalous matter (Example: Dick Heads and design of male genitalia for restaurant services).
  • Consists of matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs or national symbols or bring them into contempt or disrepute. (Example: QUEEN MARY for underwear).
  • Consists of or comprises the flag or coat of arms or other insignia of the United States, or any State or municipality, or any foreign nation.
  • Consists of or comprises a name, portrait, or signature of a living individual without his or her consent.
  • Consists of or comprises the name, portrait or signature of a deceased President of the United States during the life of his widow without the consent of the widow.
  • Is confusingly similar to a prior existing mark.
  • Is primarily descriptive or deceptively misdescriptive of the goods or services.
  • Is primarily geographically descriptive or deceptively misdescriptive of the origin of the goods or services.
  • Is primarily merely a surname.
  • Comprises matter that, as a whole, is functional.
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