A Section 2(c) refusal from the USPTO occurs when your trademark is refused registration because it consists of or includes a name, portrait, or signature that identifies a living individual without their consent.
The most common strategies to overcome a Section 2(c) refusal include the following:
- Submitting the consent of a living individual to the USPTO,
- Proving the mark doesn't identify a particular individual,
- Proving the transformative nature and secondary meaning of the mark.
Generally, a Section 2(c) refusal isn't hard to overcome. For the first two options, the examiner will provide a proper format of the response for you to use. However, it might still be advisable to consult the office action with a trademark attorney.