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Why would a trademark be refused?

A trademark will be refused on the principal register if the primary significance of the mark is a last name or surname. An Examining Attorney will refuse a mark if it does not function as a trademark to distinguish the applicants goods, but instead is merely a decorative feature of the goods.

Can you appeal a TTAB decision?

Decisions of the TTAB may, in turn, be appealed, in some cases, to a United States district court, or the United States Court of Appeals for the Federal Circuit.

What does TTAB stand for?

The Trademark Trial and Appeal Board (TTAB) handles appeals involving applications to register marks, appeals from expungement or reexamination proceedings involving registrations, and trial cases of various types involving applications or registrations.

What factors would the USPTO consider when refusing to register a trademark?

The most common reasons for refusing registration are because the mark is: Likely to cause confusion with a mark in a registration or prior application; Descriptive for the goods/services; A geographic term; A surname; Ornamental as applied to the goods.

How long after publication is a trademark issued?

Intent-to-Use Trademark Applications Application is approved for publication about 2 weeks after examination. Trademark is published in the Trademark Official Gazette (TMOG) about 4-5 weeks later. USPTO will issue a Notice of Allowance about 8 weeks after publication.

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