Can the U.S. Patent & Trademark Office refuse to register a mark?
Yes. The Office will refuse to register matter if it does not function as a trademark. Not all words, names, symbols or devices function as trademarks. For example, matter which is merely the generic name of the goods on which it is used cannot be registered. 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 be summarized as: 1. The proposed mark consists of or comprises immoral, deceptive, or scandalous matter; 2. The proposed mark may disparage or falsely suggest a connection with persons (living or dead), institutions, beliefs, or national symbols, or bring them into contempt or disrepute; 3. 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; 4. The proposed mark consists of or comprises a name, portrait or signature iden
