Mark function and use
Failure to Function — Trademark Office Action Guide
A failure-to-function refusal means the applied-for matter does not identify the source of goods or services — it may be informational, ornamental, or a common message.
What the USPTO is saying
The USPTO does not believe consumers would perceive your applied-for matter as a trademark. It appears to be a slogan, hashtag, ornamental design, or informational phrase rather than a source identifier.
Why this issue is raised
Trademark law protects marks that distinguish one seller from another. Common phrases, purely informational text, and decorative matter generally cannot serve that function.
How applicants typically overcome it
- Submit specimens showing the mark used as a source identifier on tags, labels, or packaging — not merely as decoration.
- Provide advertising showing the mark presented as a brand with TM notice.
- Argue the phrase has acquired distinctiveness through exclusive use.
- Amend the application to a mark format that functions as a trademark.
Related Office Action issues
Frequently asked questions
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