The Trademark Office will refuse to register an application if it does not function as a trademark. Not all words, names, symbols or devices function as trademarks. For example, as discussed in the distinctiveness section, if the words you attempt to register are generic for the product and or services it describes, your application will be rejected.

Additionally, Section 2 of the Trademark Act (15 U.S.C. § 1052) contains several of the most common (though not the only) grounds for refusing registration. The grounds for refusal under Section 2 may include:

• the proposed mark consists of or is comprised of immoral, deceptive, or scandalous material;
• the proposed mark disparages or falsely suggests a connection with persons (living or dead), institutions, beliefs, or national symbols, or brings them into contempt or disrepute;
• the proposed mark consists of or comprises the flag or coat of arms, or other insignia of the United States, or of any State or municipality, or of any foreign nation;
• the proposed mark consists of or is comprised of 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 President of the United States during the life of his widow, if any, except by the written consent of the widow;
• the proposed mark so resembles a mark already registered in the Patent and Trademark Office (PTO) that use of the mark on applicant's goods or services is likely to cause confusion, mistake, or deception;
• the proposed mark is merely descriptive or deceptively misdescriptive of the applicant's goods or services;
• the proposed mark is primarily geographically descriptive or deceptively geographically misdescriptive of the applicant's goods or services;
• the proposed mark is primarily merely a surname; or
• the proposed mark is comprised of material that, as a whole, is functional.

If your trademark application is rejected, you should contact us, or any competent trademark attorney to help you handle this difficult and complex process. If your application is rejected, you will need to respond using legal and/or factual arguments to persuade the examining attorney to reconsider. If the examining attorney still denies your application you can appeal this decision within the Trademark Office to the Trial and Appeal Board. If still unsatisfied with the Trademark Office's decision, you can appeal its decision to the Federal Circuit or a Federal District Court.