Filing a Federal Trademark Application FAQ

Questions:

• How does a trademark qualify for federal registration?
• How do I apply for federal trademark registration?
• What types of trademarks are ineligible for federal registration?
• If the USPTO decides that a mark is eligible for federal registration, what happens next?
• What are the benefits of having a trademark on the USPTO's Principal Register?
• How long does federal trademark registration last?
• Can a business register its trademark at the state level?

Answer:

What types of trademarks are ineligible for federal registration?

The USPTO won't register any marks that contain:

• names of living persons, unless they have given their consent
• the U.S. flag
• other federal and local governmental insignias
• the name or likeness of a deceased U.S. President, unless his widow has given consent, or 
• words or symbols that disparage living or deceased persons, institutions, beliefs, or national symbols.

Nor is the USPTO supposed to register marks that are judged immoral, deceptive, or scandalous. As a general rule, however, the USPTO takes a liberal view of the terms "immoral" and "scandalous" and will rarely refuse to register a mark on those grounds.

In addition, the USPTO will not register marks that are used only in one state; a trademark must be used to offer good or services for sale in more than one state to qualify for federal trademark protection.