Can the Office refuse to register a mark?
Yes!
The Office will refuse to register matter if it does not function as a trademark. Not all words, names, symbols, or devices function as trademarks. For example matter which is merely the generic name of the goods on which it is used cannot be registered. Additionally, Section 2 of the Trademark Act (15 U.S.C. §1052) contains several of the most common (though not the only) grounds for refusing registration. The grounds for refusal under Section 2 may be summarized as: the proposed mark consists of or comprises immoral, deceptive, or scandalous matter, the proposed mark may disparage or falsely suggest a connection with persons (living or dead), institutions, beliefs, or national symbols, or bring them into contempt or disrepute, the proposed mark consists of or comprises the flag or coat of arms or other insignia of the United States, or of any State or municipality, or of any foreign nation, the proposed mark consists of or comprises a name, portrait or signature identifying a particular living individual, except by that individual’s written consent, or the name, signature, or portrait of a deceased President of the United States during the life of his widow, if any, except by the written consent of the widow, the proposed mark so resembles a mark already registered in the Patent and Trademark Office (PTO) that use of the mark on applicant’s goods or services are likely to cause confusion, mistake, or deception, the proposed mark is merely descriptive or deceptively mis-descriptive of applicant’s goods or services, the proposed mark is primarily geographically descriptive or deceptively geographically mis-descriptive of applicant’s goods or services, and the proposed mark is primarily merely a surname.
Can I get a refund of monies paid to the Office?
Not usually. Only money paid by mistake or in excess (that is, paid when not required, or not required in the amount paid) may be refunded. A filing fee will be returned if submitted with a defective application which is denied a filing date. However, once the application receives a filing date, the filing fee will normally not be returned. All requests for refunds should be referred to the Finance Office, or the Examining Attorney assigned.
How can I check on the status of a pending U.S. trademark application?
Once you receive a filing receipt containing the serial number of your application, you may check on the status of a pending case by calling our status line at (703) 305-8747.
How long does it take for a mark to be registered?
It is difficult to predict how long it will take for an application to mature into a registration, because there are so many factors that can affect the process. Generally, an applicant will receive a filing receipt approximately six months after filing. The filing receipt will include the serial number of the application. All future correspondence with the PTO must include this serial number. You should receive a response from the Office within six to seven months from filing the application. However, the total time for an application to be processed may be anywhere from almost a year to several years, depending on the basis for filing, and the legal issues which may arise in the examination of the application.
Current status information on trademark applications and registrations may be obtained by dialing: (703) 305-8747. Applicants should check on the status of their pending applications every six months.
Source: SBA Publications
Just a reminder — I’m not a lawyer, I don’t even play one on TV and I did not stay at a Holiday In Express last night. I’m just a retired SBDC counselor, who knows where to look stuff up — both online and IRL. In this case my source is the SBA.
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