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What are the substantive reasons for trademark dismissal?

Written by Tomas Orsula

Senior Trademark Attorney

Substantive grounds for trademark refusal relate to the mark itself and its registrability. The main categories are:

Lack of distinctiveness: issued when the mark is generic, merely descriptive of the goods or services, a common surname, or geographically descriptive.
Likelihood of confusion: issued when the mark is confusingly similar to a mark that was registered at an earlier date or a still pending mark in the same or related classes.
Prohibited elements: the mark includes national flags, official emblems, or insignia of organizations without authorization.
Scandalousness or immorality: the mark contains matter that is contrary to public policy or accepted principles of morality.
Deceptiveness: the mark is likely to deceive consumers about the nature, quality, or geographic origin of the goods or services.
Living individual: the mark includes the name, portrait, or signature of a living person without their consent.

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