Trademark Cheat Sheet

Throughout this blog you'll see statutory references such as 1(b), 2(d), etc. Sometimes I may forget to say what those mean, so here's a little cheat sheet:

Statutory Basis for a Trademark Application:
1(a) - Actual Use (15 USC §1051(a))
1(b) - Intent-to-Use (15 USC §1051(b))
44(d) - Foreign application for same goods/services (15 USC §1126(d)(1))
44(e) - Foreign registration for same goods/services (15 USC §1126(e))

Rejections based on:
Section 2 - 15 USC §1052
2(a) - immoral, deceptive, or scandalous matter
2(a) - disparagement or false connection
2(b) - flag, coat of arms, or insignia or the United States, a State, municipality or foreign nation
2(c) - name, portrait, or signature identifying a particular living individual except by his written consent
2(c) - name, signature, or portrait of a deceased President of the United States during the life of his widow, if any, except by the written consent of the widow
2(d) - likelihood of confusion
2(e)(1) - mere descriptiveness
2(e)(1) - deceptively misdescriptive
2(e)(2) - primarily geographically descriptive
2(e)(3) - primarily geographically deceptively misdescriptive
2(e)(4) - primarily merely a surname
2(e)(5) - functionality