There are a number of red flags in filing trademark applications. Here are a few that are very unlikely to make it through.
1
Generic names of the goods
Matter which is merely the generic name of the goods on which it is used cannot be registered. Remember that a trademark is supposed to function as a badge of origin, showing where/who the goods came from will not be allowed. "Apple" brand apples just describe what is being sold.
2
Immoral, deceptive, or scandalous matter
A mark that consists of or comprises immoral, deceptive, or scandalous matter cannot be registered. "Dirty" words or offensive names will be rejected.
3
Falsely suggestion of a connection with persons
Proposed marks that may disparage or falsely suggest a connection with persons (living or dead), institutions, beliefs, or national symbols, or bring them into contempt or disrepute will be rejected.
4
Flag or coat of arms
Proposed marks that consist of or comprise the flag or coat of arms, or other insignia of the United States, or of any State or municipality, or of any foreign nation will not be allowed. There was, however, a recent case that used PART of a Canadian flag that was allowed.
5
Portrait or signature identifying a particular living individual
Proposed marks that consist of or comprise a name, portrait or signature identifying a particular living individual, except by that individual's written consent; or the name, signature, or portrait of a deceased President of the United States during the life of his widow, if any, except by the written consent of the widow will not be allowed.
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