Common slogans can be powerful marketing tools, but that doesn’t mean the USPTO will treat them as trademarks. This article explains why phrases like “DANCE OR DIE” often trigger failure-to-function and ornamental refusals—especially for jewelry—and outlines practical strategies to build protectable branding without wasting time and filing fees.

The USPTO’s 2025 fraud sweep removed thousands of bad filings, but many still appear as roadblocks in new applications. We break down a practical game plan—diagnose the citation, request suspension, submit targeted evidence, and pursue expungement or reexamination where needed—to reopen your path to registration.

The term “ornamental refusal” refers to a situation where the USPTO rejects a trademark application. This rejection is grounded in the belief that the proposed trademark serves more as a decorative feature rather than as a unique identifier of the source of goods or services.

The Agriculture Improvement Act of 2018 (also known as the 2018 Farm Bill) indeed removed “hemp” from the Controlled Substances Act’s (CSA) definition of marijuana, which made hemp and its derivatives federally legal as long as they contain no more than 0.3 percent delta-9 tetrahydrocannabinol (THC) on a dry-weight basis. However, there may be complications under [...]

Incorporating the terms “America,” “American,” or “USA” into a trademark can be an effective strategy for various reasons. At the heart of this decision often lies the desire to associate the brand or product with the ideals, values, and sentiments commonly linked with America. This includes connotations of quality, innovation, freedom, opportunity, and more. Firstly, these [...]

A response to a USPTO trademark office action typically includes arguments and evidence to address any issues raised by the examiner in the office action. This can include evidence of the distinctiveness or acquired distinctiveness of the mark, or evidence that the mark does not conflict with any existing registered or pending marks. If you have [...]

A USPTO (United States Patent and Trademark Office) trademark application refusal is a decision made by the USPTO to deny registration of a trademark based on one or more specific grounds set forth in the Trademark Act. A “Trademark application refusal” is simply a generic term used in connection with an Office Action issued by the [...]

Even the all powerful BCS can be issued a trademark refusal.  The inauguration of the College Football Playoffs will occur without a registered trademark in place.  BCS Properties, LLC, the trademark applicant, will be unable to reap the immensely valuable benefits garnered by federal trademark registration.  BCS’s trademark attorney submitted multiple trademark applications (word mark, design [...]