Ornamental refusal and how to overcome this refusal

An ornamental refusal is when the United States Patent and Trademark Office (USPTO) refuses to register your trademark because the submitted specimen doesn’t show the trademark being used to identify the source of the goods or distinguish them from the goods of others. A trademark cannot appear as merely an ornamental or decorative feature on the goods.

You may receive this refusal in an office action about your application during the examination process. You’ll need to respond to the office action.

It is possible to overcome an ornamental refusal. You have a variety of response options to choose from, described further below.