GROUNDS FOR OBJECTION

There are numerous reasons why a proposed trademark will be objected to or rejected, including the following: a Mark is confusingly similar to another mark already in use. b Mark contains the name of a real person without the person's consent. c Mark is primarily merely a surname. d. Mark is geographically misleading (erroneously suggests the goods come from a certain place, i e , Napa Valley, Bordeaux) e. Mark does not function as a trademark (e g , is informational, functional or decorative) f. Mark is immoral or scandalous g Mark disparages a person, institution, belief or national symbol h Mark is a flag, coat-of-arms or other insignia of a nation, state or municipality. i. Mark is a generic terms of the goods, such as the “Apple” brand of apples. j. Mark is merely descriptive Marks are “merely descriptive” when they “immediately convey” the ingredients, characteristics or qualities of the goods or services. Since the mark describes the goods, it cannot distinguish the goods of one producer from those of competitors. Two familiar examples are “Holiday Inn” and “Rent-A-Center”. Although these two marks are descriptive, they may have been accepted for registration on the basis of having acquired “secondary meaning,” described below