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How can I overcome a Section 2(a) refusal of my trademark application?

Founder & Trademark Attorney

A Section 2(a) can be raised on multiple grounds, and the best response to it depends on what the grounds were.

For a deceptiveness refusal: argue that the mark does not falsely suggest the goods or services have a quality, ingredient, or characteristic they do not have. If the mark is deceptive only in combination with a particular interpretation, narrowing the goods and services list to exclude the deceptive context may resolve the issue.

For a false connection refusal: argue that the mark does not falsely suggest a connection with a named individual, institution, or belief. If the connection is real and documented, provide evidence of it. If the examiner's interpretation is incorrect, argue against it directly.

Scandalousness and disparagement refusals under Section 2(a) are rarely pursued following the Supreme Court decisions in Matal v. Tam and Iancu v. Brunetti, which significantly narrowed the ground.

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