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.