Forbidden Marks: What They Are and Why They Matter in Trademark Law

Q: Can I trademark a name of a living person?

You need permission from the person to trademark their name, portrait, or signature.

Q: What happens if I try to register a forbidden mark?

Your application will likely be rejected by the USPTO.

Definition & Meaning

Forbidden marks are specific types of trademarks that cannot be legally protected or registered in the United States. These marks are deemed unacceptable by the U.S. Patent and Trademark Office (USPTO) due to their nature or characteristics. Understanding what constitutes a forbidden mark is crucial for businesses and individuals seeking trademark protection.

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Legal Use & context

Forbidden marks are relevant in trademark law, which falls under civil law. They are important in the context of intellectual property rights, as they help define what can and cannot be trademarked. Users can benefit from understanding these terms when filing for trademarks or when considering legal actions in courts regarding trademark disputes. US Legal Forms provides templates that can assist users in navigating these processes.

Key legal elements

Generic marks: Terms that are common and describe a category of goods or services.
Immoral, disparaging, or scandalous marks: Marks that are offensive or belittling.
Primarily functional marks: Marks that serve a utilitarian purpose rather than identifying the source of goods or services.
Living person's name, portrait, or signature: Requires permission for use.
Deceptive marks: Marks that mislead consumers about the nature or quality of goods or services.
Deceased President's name: Requires permission from the spouse or must be used after their death.

Real-world examples

Here are a couple of examples of abatement:

Here are a couple of examples of forbidden marks:

A company trying to trademark the name "Apple" for a type of fruit would be denied, as it is a generic term.
A brand attempting to register a logo that is deemed scandalous or offensive would also face rejection from the USPTO.

Comparison with related terms

Term	Definition	Difference
Generic Marks	Common terms that describe products or services.	Forbidden marks cannot be trademarked, while generic marks are inherently unprotectable.
Descriptive Marks	Marks that describe the qualities of goods or services.	Descriptive marks can be registered if they acquire distinctiveness, unlike forbidden marks.

Common misunderstandings

What to do if this term applies to you

If you believe your mark may be considered forbidden, it's advisable to consult with a legal professional. They can help you understand your options and guide you through the trademark application process. Additionally, you can explore US Legal Forms for templates that may assist you in preparing necessary documents.

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Quick facts

Forbidden marks cannot be registered with the USPTO.
They include generic, immoral, disparaging, functional, deceptive marks, and certain names.
Understanding forbidden marks is crucial for successful trademark applications.