What kinds of marks cannot be registered as federal trademarks?
Not all words, names, or symbols can be used as trademarks. Categories of marks that generally will not be registered as trademarks include: • Generic marks; • Surnames, unless they become well known as trademarks through advertising or long use, such as McDonald’s; • Trade names, unless they are used in the marketplace and have become distinctive; • Marks containing immoral, deceptive, or scandalous matter; • Marks that disparage persons, institutions, beliefs, or national symbols; • Marks consisting of the flag of the United States, a state, or a foreign nation; • Primarily geographically descriptive marks; • Marks using the name, signature, or portrait of a living individual without that person’s consent; • Marks using the name, signature, or portrait of a deceased U.S. President, during the life of his widow, without written consent of the widow; • Marks so similar to those already registered that they may cause confusion, mistake, or deception; and • Marks that merely describe the
