Common Reasons Trademark Applications Are Refused
Written by JLG - July 22, 2025
Even after a thorough trademark search, registration is never automatic. The United States Patent and Trademark Office (USPTO) reviews each application closely, and there are several common reasons an application may be refused. At Jafari Law Group, we help clients anticipate and address these issues before and during the filing process.
Understanding the most frequent grounds for refusal can help you approach trademark registration with a stronger strategy and realistic expectations.
Likelihood of Confusion
One of the most common reasons for refusal is the likelihood of confusion with an existing registered or pending mark. If your trademark is too similar in sound, appearance, or meaning to another mark used for related goods or services, the USPTO may reject it.
For example, a proposed trademark for “City Kicks” selling sneakers may be refused if “City Kix” is already registered for similar products. The USPTO will evaluate similarity and relatedness broadly, confusion does not require identical names or direct competition.
A trademark search can help identify potential conflicts early, but the examiner’s interpretation still plays a key role.
Merely Descriptive Terms
Trademarks that simply describe the product or service are often refused because they do not function as identifiers of source. For example, trying to register the mark “Cold and Sweet” for ice cream could be considered merely descriptive and rejected.
Descriptive marks may become registrable over time if they acquire distinctiveness through extensive use, but this requires substantial evidence.
Choosing a more distinctive term: suggestive, arbitrary, or fanciful, can improve the chance of approval.
Generic Terms
Generic terms are never registrable because they refer to the common name of a product or service. For example, “Computer” for a line of computers cannot be trademarked.
Even if used with a unique design or font, the USPTO will not allow generic terms to be registered as trademarks.
Deceptiveness or Misdescriptiveness
Marks that are misleading about the nature, quality, or geographic origin of the goods or services are also likely to be refused. For example, using “Swiss Timepieces” for watches not made in Switzerland could be considered deceptive.
The USPTO examines whether the mark could mislead consumers and whether the misdescription is material to their purchasing decision.
Geographically Descriptive Marks
If a trademark primarily describes a location and the goods or services are associated with that place, the USPTO may refuse it as “primarily geographically descriptive.” For example, “Napa Valley Wines” used by a company located in Napa Valley would likely face scrutiny.
Geographic marks can sometimes be registered with proof that the public associates the term with a specific source rather than just a location.
Surnames
Marks that are primarily just a last name (e.g., “Anderson”) can be refused unless they have acquired distinctiveness through use. The USPTO evaluates factors such as the rarity of the surname and whether it is associated with the brand in the minds of consumers.
Specimen and Use Issues
For use-based applications, the USPTO requires a specimen showing the mark used in commerce. If the specimen does not clearly show the trademark on or in connection with the goods or services, the application may be refused.
Examples of common specimen problems include:
- Invoices or mockups instead of actual labels or packaging
- Improper use of the mark in advertising
- Lack of a clear connection between the mark and the listed goods or services
How Jafari Law Group Can Help
Trademark refusals are often avoidable with proper planning and experienced guidance. At Jafari Law Group, we help clients select strong marks, prepare accurate filings, and respond to USPTO objections when they arise.
If your application has been refused or you want to improve your chances before filing, contact us for a free consultation. We can review your trademark strategy and help you take the next step toward brand protection.