Why trademark applications get refused, and how to avoid it
Updated November 14, 2026
The government fee is not refundable, so a refusal costs you money and months. Most refusals come from a short list of causes, and you can check for most of them in advance.
Too close to a mark that is already there
This is the big one. If your name looks, sounds or means about the same as a registered or pending mark for the same or a related kind of goods or services, you will probably be refused. It does not have to be identical. "Kwik Mart" can clash with "Quick Mart". The fix is to search before you file, including spelling variations and related classes.
A name that only describes what you sell
A word that just names the product or says something plain about it cannot be owned by one business. "Pizza Place" for a pizza place will be refused. A name that mixes a describing word with a distinctive one, like "Marlow Pizza", can work, and the describing word is usually set aside.
A last name, or a place name
A name that is mainly a surname, or mainly the name of a place, is often refused at first. It can still register after several years of steady use, or if it also means something else.
Proof of use that does not work
If you already use the name, the application needs a real photo or screenshot of it on your product, label or website. A mock-up, a business card used for a product, or a page with no way to buy gets refused.
The wrong owner
The application must be in the name of whoever really owns the mark. If you run the business through a company, the company owns it, not you. Filing in the wrong name can make the application void, and that cannot be fixed afterward.
Claiming what you do not do
Listing goods or services you do not really offer can get the whole application thrown out. List only what is true.
Source: the U.S. Patent and Trademark Office's trademark search and trademark basics pages.
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This guide is general information, not legal advice. My Trademark Pro is not a law firm and does not give legal advice. We prepare your filing; you file it yourself on the U.S. Patent and Trademark Office website. The USPTO, not My Trademark Pro, decides whether to register a mark. Fees and rules are set by the USPTO and can change. Its website, uspto.gov, has the current ones.