Forbidden Marks Law and Legal Definition

Certain marks are considered as forbidden marks. These are marks that cannot receive protection through the courts. Forbidden marks cannot be registered with the U.S. Patent and Trademark Office (USPTO). Forbidden marks include marks such as :

1. generic marks,

2. immoral, disparaging or scandalous marks,

3. marks which are primarily functional,

4. marks consisting of a living person's name, portrait or signature, unless written permission has been granted,

5. deceptive marks, and

6. marks consisting of a deceased President's name, unless that President's spouse has granted written permission or is no longer alive.