Section 2 refusals
Section 2(e)(4): Primarily a Surname — Trademark Office Action Guide
Surnames cannot register on the Principal Register without acquired distinctiveness because they are shared by many people and do not inherently identify a single source.
What the USPTO is saying
The examining attorney has determined that your mark is primarily merely a surname — the public would perceive it as a last name rather than a trademark.
Why this issue is raised
Common surnames must remain available for others who share that name. Registration is allowed only when the surname has become distinctive through use in commerce.
How applicants typically overcome it
- Submit a Section 2(f) claim with evidence the surname has acquired distinctiveness.
- Argue the term is not primarily perceived as a surname (e.g., it has other dictionary meanings).
- Amend to the Supplemental Register while building distinctiveness.
- Show long-term exclusive use, advertising expenditures, and consumer recognition surveys.
Related Office Action issues
Frequently asked questions
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