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What is Section 2(c) Refusal - Consisting of or comprising a name, portrait, or signature identifying a particular living individual?

Senior Trademark Attorney

A Section 2(c) refusal is issued by the USPTO when a trademark application includes the name, portrait, or signature of a living individual without their written consent.

The issue arises when an examiner deems a mark to identify a specific living person, and not merely a surname or a fictional character. To avoid it in advance, you should reconsider filing a trademark that contains a full name, identifies a known public figure, a recognizable likeness, or contains a real person's signature.

If you’ve received this kind of Office Action, the standard resolution is to submit written consent from the identified individual, confirming they consent to the use of their name, portrait, or signature in the trademark.

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