Trademark registration is part of the startup process – You have to protect your brand when you are creating your business. A trademark is a logo, name, or symbol that has been registered to protect the business’s brand so that customers can easily identify your brand from the numerous similar brands that provide the same product or service. However, what many people do not know is that, when one is applying for a trademark, most of trademark applications are turned down. Usually, when a person gets rejected the reasons are quite similar, having an insight into these reasons helps to save time, money, and legal procedures.
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In this blog, we shall discuss some of the most common grounds for rejection of your trademark application while giving you some lessons on how to avoid them.
Lack of distinctiveness is one of the more common causes of trademark application refusal because your mark resembles a mark that is already registered. Trademark registrars and other authorities in charge of the registration process strive to avoid confusion and confusion amongst consumers and hence close relation between the marks are not permitted for related goods and services.
So, if your trademark looks similar to another trademark in terms of its appearance, its pronunciation, or meaning, then your application stands a good chance of being turned down.
When filing for a trademark, you need first conduct a trademark search so that you do not propose a mark that is similar to already existing trademarks. This can be done at the USPTO online search tool or by hiring a trademark search consultant who will help find any similarities.
TradeMark that are obviously descriptive or consist of generic terms likely to relate to the product or the service being offered are most likely to fail. As the term suggests, a descriptive mark is simply descriptive of a product and its features, qualities, or characteristics; and cannot serve to identify the origin of the product. For instance, if you are selling apples you want the mark “Apple Fruit,” this will not be approved since it is descriptive. For more information like the time required for renewing an expired trademark or the cost, do reach out to our experts.
Likewise, the so-called ‘generic’ terms that relate to the obvious names for products or services cannot be trademarked. It will be detrimental to let such terms be bestowed with trademark registration since the applicant will restrict others from using those terms that are common to all businesses.
Select a trademark that is desired, non-conventional, and fancy rather than a common and easily descriptive word. Thus, coined terms or arbitrary signs, or invented words have a rather higher probability of being approved since they are differential and do not refer to the product or service.
A trademark must be one that sets your products or services out from those of the competitors. It is ultimately deemed as not worthy of protection if the mark used is too simple, for example, fundamental shapes, single colours, or simple graphics.
For instance, applying for the trademark for a simple circle or a basic blue square with no distinctive features would not be entertained. Any symbol that does not clearly pop into one’s mind and instantly evokes a particular linkage to the brand, is often rejected during the trademark registration process.
It is especially important to prevent the use of either trademark that can be easily translated into another word in another language. Using two words, along with an artistic design, putting a logo, or making up a word that is formed by two other words will improve the likelihood of your application being granted more likely.
Another category of trademark that is likely to be turned down is the one that is deceptive or misleading in its nature & trademark registration ensuring brand protection & this happens if the mark creates a wrong perception regarding the product or service associated with it. For instance, if a business organisation dealing in synthetic leather intends to obtain a trademark ‘Genuine Leather’ then it would be illogical and hence rejected.
Deceptive marks can cause confusion, which is why trademark authorities are very sensitive while rejecting applications for such trademarks.
The trademark you settle for should be appropriate in portraying what you offer in the market, that is, products or services. Do not use what could be generally regarded as a trade practice that is misleading such as using terms or designs that create an aura of what you are offering being fake.
There are some trademark applications that are refused due to reasons that are against public policy or morality. When it comes to trademark registration, none of the marks considered as being obscene or offenders to public standards are allowed. For instance, trademarks that incorporate racism or explicit string of words would be declined.
The rejections of public policy stem from the principle that trademarks must be free from any obscene or scandalous words.
Do not use any obscene term or any depiction that may violate the trademark. In the case of using culturally sensitive mark elements, it is recommended to seek attorneys’ advice on public policy and morality for your area.
There is one that states that, for protecting unregistered trademarks, the applicant must be using or have the intention of using the trademark in commerce. If a trademark never gets employed for commercial purposes, it cannot be protected since trademark law aims to reduce confusion among consumers.
However, should you file an application but have no evidence of using the mark in connection to your products and services, your application will be refused. Also, the application can be filed under the ‘intent to use’ but if it is not possible to prove this then the application is refused.
Make sure that you are using the trademark within the sphere of commerce or else have a clear intention of using it in the near future. If you file under the intent to use the mark, be prepared to provide the necessary evidence of the business-related activities with respect to the mark within the stipulated time.
The trademark application process can be exhaustive, and time-consuming during which the applicant is expected to observe several principles that are in relation to the trademark registration process. Once registered, you can enhance your app business with trademark registration, but there are certain traps not to fall into when registering; for instance, using descriptive terms, using marks similar to existing trademarks, and not complying with legal necessities enhancing the odds of approval.
If you have any doubt about any part of the procedure, you can seek the help of Trademark Consultants to explain to you the details of the Trademark and how to avoid Trademark Infringement. Protection of your trademark plays perhaps one of the most important roles in the development of a clear and distinguishable brand identity.