What is an ornamental-use refusal?

An ornamental-use refusal occurs when the USPTO determines that consumers are likely to view the mark as decoration rather than as a trademark identifying the source of goods.

A specimen is evidence of real-world trademark use. The USPTO uses specimens to verify that the mark is actually being presented to consumers as a brand for the listed goods or services. A specimen is not simply a picture of the logo; it must show the mark in the type of commercial context the USPTO accepts for the goods or services at issue.

Specimen standards differ for goods and services. For goods, acceptable evidence commonly shows the mark on the product, packaging, labels, tags, or certain point-of-sale displays. For services, advertising or webpages may work when they clearly connect the mark to the services being offered. Mockups and purely promotional concepts that do not reflect actual use can be rejected.

The United States Patent and Trademark Office (USPTO) is the federal agency responsible for examining U.S. trademark applications, issuing federal registrations, and maintaining official trademark records.