Introduction
So, you’ve filed your trademark application with the USPTO, and now—bam! You’ve received a trademark Office Action. You’re not alone. In 2024, thousands of applicants faced trademark rejections due to preventable errors and legal issues.
In this guide, we break down the most common reasons for USPTO trademark rejections in 2024, and how you can avoid making these costly mistakes when filing for trademark registration in the USA.
1. Likelihood of Confusion with Existing Trademarks
This remains the #1 reason for USPTO rejections in 2024.
If your mark is too similar to an already registered trademark—in sound, appearance, or meaning—the USPTO will refuse it under Section 2(d).
Example:
Trying to register “Nykee” for sports apparel might be rejected due to similarity with “Nike.”
How to avoid it:
Conduct a comprehensive trademark search before filing
Use AI-powered clearance tools or consult a trademark attorney
2. Descriptiveness or Genericness
If your trademark merely describes the product or service, the USPTO may reject it under Section 2(e).
Example:
A brand name like “Tasty Burgers” for a fast-food chain may be seen as too descriptive.
Generic terms like “Computer” for a computer brand can never be registered.
How to avoid it:
Choose distinctive, creative brand names
Avoid using direct product features as your trademark
3. Failure to Function as a Trademark
This rejection happens when your application is for a term that’s not perceived as a brand name by the public.
Example:
Applying for “I ❤️ New York” as a clothing brand slogan may be rejected for being ornamental or widely used.
How to avoid it:
Use your brand name consistently across all platforms
Make sure it identifies the source of goods or services
4. Specimen Issues
A specimen of use is required to prove your trademark is actually used in commerce. In 2024, many applications were rejected because:
- Specimens were digitally altered
- The mark shown didn’t match the applied-for mark
- The specimen didn’t show actual commerce (just mockups)
How to avoid it:
Use real product photos, packaging, or screenshots from your website
Match the trademark exactly in your specimen and application
5. Improper Identification of Goods/Services
Incorrect or vague descriptions of goods/services can lead to rejections or delays.
Example:
Using terms like “consulting” without context or classification.
How to avoid it:
Use the USPTO’s Acceptable Identification of Goods and Services Manual
Work with an attorney to ensure compliance with USPTO standards
6. Improper Use of Symbols (™ or ®)
Applicants often mistakenly use the ® symbol before the trademark is actually registered, which may result in refusal or even legal liability.
How to avoid it:
Only use ™ before registration
Use ® only after receiving official USPTO approval
7. Geographically Descriptive Marks
If your trademark clearly describes a geographic location and the goods originate from that place, it may be deemed primarily geographically descriptive.
Example:
“Texas BBQ Sauce” might be refused unless it has acquired distinctiveness.
How to avoid it:
Avoid overly specific locations unless your brand has national recognition
8. Improper Applicant Information
Incorrect or incomplete owner names, addresses, or entity types cause filing errors that delay or kill your trademark application.
How to avoid it:
Double-check your business entity and registration documents
File through a trademark professional if unsure
Final Thoughts
Filing a trademark in the USA through the USPTO is more complex than it looks. In 2024, the most common trademark rejections stemmed from confusion with existing marks, descriptiveness, bad specimens, and technical filing errors.
The good news? These issues are 100% avoidable—with the right research, strategy, and legal guidance. At IP Bureau, we help startups, eCommerce sellers, and growing brands file trademarks correctly the first time—avoiding costly Office Actions and delays.
