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How can I overcome a Section 2(c) refusal of my trademark application?

Written by Jan Buza

Co-founder of Trama

The primary and simplest way to resolve a (2c) refusal is to submit written consent from the individual identified in the mark. The USPTO provides a standard format for the consent statement, so once you submit it and it’s accepted, the refusal is resolved, and registration can proceed.

If you believe the examiner's identification is incorrect, meaning the cited element in your mark is not associated with any particular living person, or the mark refers to a deceased person or a fictional character, you can argue this directly in the response if you have valid supporting evidence.

If the name is a surname rather than identifying a specific living individual, the appropriate response may be to argue that the refusal should be under Section 2(e)(4) (primarily merely a surname) rather than Section 2(c), and address it on those grounds.

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