Mark function and use
Ornamental Use — Trademark Office Action Guide
Ornamental use occurs when a mark appears as decoration on goods — such as a large front graphic on a t-shirt — rather than as a source indicator on labels or tags.
What the USPTO is saying
Your specimen shows the mark used ornamentally on the goods themselves. Consumers would view it as decoration, not as indicating who made the product.
Why this issue is raised
The USPTO requires proof that a mark identifies source. A design covering the front of a shirt is often seen as aesthetic, while a mark on a hang tag or label indicates origin.
How applicants typically overcome it
- Submit a new specimen showing the mark on a label, hang tag, or packaging.
- Provide additional specimens showing consistent use as a source identifier.
- Argue the placement and size of the mark indicates branding, not mere decoration.
- For design marks, show the mark used in connection with point-of-sale display.
Related Office Action issues
Frequently asked questions
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