TMEP 1202.19(f)(i): Statutory Basis for Refusal

October 2017 Edition of the TMEP

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1202.19(f)(i)    Statutory Basis for Refusal

If the examining attorney determines that any of the identified goods or services are inconsistent with the drawing, the examining attorney must refuse registration as to those goods or services on the ground that the mark, as depicted in the drawing, fails to function as a mark for them. Cf. TMEP §§1202.02(f)(i), 1202.02(f)(ii). The statutory bases for the refusal are Trademark Act §§1, 2, and 45 for trademarks, and §§1, 2, 3, and 45 for service marks. See 15 U.S.C. §§1051, 1052, 1053, 1127.