TMEP 815.04: Basis for Refusal of Registration of Matter That Is Incapable

October 2017 Edition of the TMEP

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815.04    Basis for Refusal of Registration of Matter That Is Incapable

When the examining attorney refuses registration on the Supplemental Register on the ground that the proposed mark is incapable of distinguishing the applicant’s goods or services, the examining attorney must cite §§23(c) and 45 of the Trademark Act, 15 U.S.C. §§1091(c), 1127, as a basis for refusal. See In re Controls Corp. of Am., 46 USPQ2d 1308, 1309 n.2 (TTAB 1998).