Legal Definitions - prohibited and reserved trademark

A prohibited and reserved trademark refers to a word, phrase, symbol, or design that cannot be legally registered or used by the general public as a trademark because it falls under specific legal restrictions. These restrictions mean the mark is essentially "off-limits" for new applicants seeking to establish exclusive rights.

The term encompasses two main aspects:

• Prohibited: The mark itself is inherently unsuitable for trademark protection due to its nature. For instance, it might be too generic, deceptive, scandalous, or infringe upon public policy.
• Reserved: The mark is already legally claimed or protected by another entity through prior registration or use, or it is specifically set aside by law for particular uses, making it unavailable for others.

In essence, a mark that is both prohibited and reserved is legally unavailable for new commercial use or registration.

Examples:

• Generic or Descriptive Terms: Imagine a new coffee shop attempting to trademark the name "Hot Coffee" for its beverages. Trademark law would likely prohibit this registration because "Hot Coffee" is a generic and highly descriptive term for the product. Allowing one business to own such a common phrase would unfairly restrict all other coffee shops from accurately describing their offerings, making it unavailable for exclusive use.

• Confusingly Similar to an Existing Mark: A startup technology company develops a new social media platform and tries to register the name "FaceBook Connect." This application would be rejected because "Facebook" is an already established and famously reserved trademark owned by Meta Platforms, Inc. The proposed name is confusingly similar to an existing, protected mark, which could mislead consumers about the source or affiliation of the new platform. Therefore, "FaceBook Connect" is effectively prohibited from registration due to the prior reservation of "Facebook."

• Protected Public Symbols or Government Marks: Consider a clothing manufacturer that decides to launch a new line of athletic wear featuring a design that incorporates the official seal of the United States government. This would be both prohibited and reserved. Federal law specifically protects government seals and insignia, reserving their use exclusively for official government purposes. Unauthorized commercial use is legally forbidden to prevent false endorsement or the appearance of government approval, making such symbols unavailable for private trademark registration.