Section 2 refusals
Section 2(c): Name, Portrait, or Signature of a Living Individual — Trademark Office Action Guide
Section 2(c) requires written consent when a mark identifies a particular living individual, including names, portraits, or signatures that consumers would recognize.
What the USPTO is saying
The examining attorney has determined that your mark includes a name, portrait, or signature that identifies a living individual, and you have not submitted the required consent.
Why this issue is raised
Individuals have a right to control commercial use of their identity. The USPTO will not register marks that appropriate a living person's name or likeness without authorization.
How applicants typically overcome it
- Obtain and submit a signed consent from the identified individual.
- Argue that the name is not used to identify a particular person (e.g., it is a common term or fictional character).
- Amend the mark to remove the identifying element if consent cannot be obtained.
- Provide evidence that the name does not refer to a recognizable living individual in the relevant context.
Related Office Action issues
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