T.M.E.P. § 815.05
Basis for Refusal of Registration of Matter That is Incapable

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815.05 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 should cite §§23(c) and 45 of the Trademark Act, 15 U.S.C. §§1091(c) and 1127, as a basis for refusal. See In re Controls Corp. of America, 46 USPQ2d 1308, 1309 n. 2 (TTAB 1998).