5 Common Reasons Your U.S. Trademark Application May Be Refused – And How to Avoid Them

Thinking of registering your trademark in the United States? Great move. The U.S. is one of the most important markets in the world – and protecting your brand there is crucial.

But here’s the truth:

Many trademark applications in the U.S. get rejected, even from experienced businesses.

To save time, money, and frustration, let’s look at the 5 most common reasons for trademark refusal – and how you can avoid them.

Your Mark Is Too Similar to an Existing One

This is the #1 reason for refusal. The USPTO (United States Patent and Trademark Office) checks if your trademark is too similar (in sound, look, or meaning) to one that’s already registered.

🛑 Example: Applying for “Fasty” in Class 25 when “Fastie” already exists for clothing.

✅ How to avoid it:

Conduct a proper clearance search before filing
Consider hiring an IP expert to assess potential risks

Your Mark Is Too Descriptive or Generic

Trademarks like “Cold Milk” for dairy or “Fast Shoes” for sneakers are likely to be rejected. Why?
Because they directly describe the product or its features.

✅ How to avoid it:

Choose a distinctive name: coined, suggestive, or arbitrary names work best
Avoid dictionary words that describe the product

You Didn’t Provide Proper Proof of Use

In the U.S., you must either:

Prove actual use in commerce (with real products sold), or
Show intent to use and later file a Statement of Use

🛑 Many applications get rejected due to poor-quality specimens or incorrect timelines.

✅ How to avoid it:

Submit real photos of your product in use
File the Statement of Use on time, with correct forms

Your Identification of Goods/Services Is Vague

The USPTO requires precise descriptions of goods/services.
Saying “technology products” is too broad.

✅ How to avoid it:

Use the Trademark ID Manual for accepted terms
Or work with someone who knows how to draft accurate descriptions

You Miss a Deadline or Don’t Respond Correctly

U.S. trademark law is strict with deadlines – sometimes as short as 6 months.
If you don’t respond to an Office Action correctly, your application could be abandoned.

✅ How to avoid it: