Are there other reasons the examining attorney might refuse my trademark?

Yes. In addition to likelihood of confusion (discussed above), an examining attorney will refuse registration if the mark is:

  • primarily merely descriptive or deceptively misdescriptive of the goods/services;
  • primarily geographically descriptive or primarily geographically deceptively; misdescriptive of the goods/services;
  • primarily merely a surname; or
  • ornamental.

This is not a complete list of all possible grounds of refusal. See Chapter 1200 of the Trademark Manual of Examining Procedure (TMEP), available at http://tess2.uspto.gov/tmdb/tmep/, for a complete discussion of the grounds for refusal of registration of a mark.

Print Friendly