What Are The Tips To Avoid Trademark Registration Refusal?

A good trademark should set a guard over your company image, market your product, and avoid identical copies from competitors. The time taken for Trademark Registration can also vary depending on the strength of the trademark. Descriptive marks and those with low distinctiveness are most likely to be refused, thus constraining your brand development. That is why in this blog post you will learn more about factors that help the trademark to be distinctive, reasons never to use descriptive marks, and several vital pieces of advice to evaluate the success of your Trademark Application.

Understanding Trademark Types: Descriptive V/s Distinctive:

Depending on the distinctiveness of the sign, trademarks are divided into non-distinctive trademarks such as descriptive and generic trademarks, and more recognised trademarks such as suggestive, arbitrary, and fanciful trademarks. Many descriptive trademarks fail at the Trademark Registration because they name or describe the characteristic, function, or quality of the product. For example, when a juice firm seeks to register “Fresh Orange” as a trademark, the application is very likely to be refused as the phrase used to describe the product is being used.

On the other hand, there are calling features or simply known as distinctive marks that do not immediately indicate what the product is. They challenge the customers to relate between the supplied brand name and the existing product. This distinctiveness makes the trademark registration more probable to get approval and the owner gains better legal protection against trademark infringement.

Why are Descriptive Trademarks Refused?

Descriptive marks are usually rejected mainly because they do not create a specific link between the brand name and the goods. One of the common myths about trademark registration is that any word can be trademarked; however, descriptive trademarks reduce the capacity of free language usage in the public domain by employing terms any competitor has to use to describe products similar to those branded. For instance, words such as fresh, eco-friendly, or soft are most often refused when used in a direct manner as trademarks for the products.

Such refusals are also useful in excluding monopolies in referring to the everyday language, which makes it difficult for others in the industry to refer to their merchandise or services. While distinctive marks don’t limit competitors from using the same words and are thus regarded as more suitable for Trademark Registration.

How to Make Sure Your Trademark Is Memorable?

1. Comprehensive Trademark Search

A Trademark Search is the initial, and arguably most important, step. It assists in searching for similar trademarks to your proposed mark and that can save you a lot of trouble. A Trademark Search can also show if your mark may be considered descriptive in relation to established norms in the industry. When you search you get to Demystify Trademark Symbols, Definition, and Meanings, knowing which trademarks the authorities have been approving and hence can change your application to meet those standards.

2. Neglect Describing Nouns

In a Trademark Application, it is important to avoid using words that legally are termed as ‘descriptive’; self-explanatory, or directly associated with the product’s features or functions. However, the goal should not be to name it in a conventional manner with an indication of what it offers. Let’s say you are selling organic skincare and if you use words such as ‘smooth’ or ‘natural’, they are likely to be rejected while if you use an abstract term or a random term or even jargon or an actually invented term there is likely to be acceptance.

3. Take note of Suggestive or Arbitrary Trademarks

This remains so because, often, the marks, which are suggestive or arbitrary in nature, form the basis of decisions during the Trademark Registration, since they do not characterize the product in question directly. This concept applies that arbitrary trademarks are normal words selected but are not directly associated with the product. Each of these approaches develops unique trademarks that are virtually certain to be approved by the Trademark Registration standards.

4. Create a Fanciful Mark

Fanciful marks are fancy terms that are coined for a brand and have no exact meaning in the real sense. Since fanciful marks are unique, all imaginations pass through the Trademark Application and offer a strong defence. This strategy conceptualises more work in brand creation and helps you to Protect Brand's Future Through Trademark Registration, offering legal protection against Trademark Infringement.

5. Place a Special Logo or Design

It is always important to use a trademark application because a distinctive logo can increase the chances of approval. But if your brand name is slightly descriptive it may help to add a matching distinctive easily recognizable logo in the process. Though it does not assure approval, it can bring that added level of characterization into your application helping you avoid what is Trademark Infringement.

6. Register as a Trademark No. 

Consequently, a uniform mark disadvantages you significantly, or if you want to include a descriptive term but are worried about rejection, consider a combination mark. A combination mark integrates both word marks and logo design, and the authorities get to view the design aspects alone. This approach sometimes contributes to getting the Trademark Registration, if graphic components are clearly perceived. In order to shine among other brands, one must apply for Online Trademark Registration With Consultant, thereby driving a smooth & effective process.

7. Ensure Complete Paperwork

One must gather all the necessary paperwork before applying for Trademark Registration. If you apply for a descriptive Trademark, you must have all the necessary paperwork, proving the uniqueness of your trademark with a secondary word. Thus, you need to hire a trademark expert to help you cope up with all the necessary rules & regulations.

8. Seek Assistance from a Trademark Lawyer

Often, the rules of trademark law are rather ambiguous, including the question of distinctiveness. It is advisable to seek the assistance of a trademark professional like our LegalRaasta Experts. We will give you a Document Checklist for Trademark Registration along with better direction on the Trademark Application. If you are a legal expert or marketer, self-employed or working for a firm, these experts can look at your mark and guidance on possible alternatives, and plan to avoid TM problems such as Trademark Infringement.

Conclusion

Coming up with a good and unique trademark is crucial in the Trademark Registration process and for avoiding some form of Trademark Infringement. As a result of the analysis of the difference between a descriptive and distinctive mark, Trademark Search, and such techniques as fanciful or combination marks, one’s chances of success may be greatly improved. Some mistakes may be made, for instance, naming your brand using the geographical name or generic brand names.

Trademarks are not only the names that one guards, but they are the foundations on which great brands are created. Thus, creating a unique trademark that will reflect the general concept of the brand and fit the requirements of the trademark authorities. It is, therefore, possible, if a good strategy is followed, to get a mark that is distinctive and is also long-lasting. Our LegalRaasta Experts can help you better to know about all the tips to avoid Trademark Refusal. We have served thousands of clients with successful Trademark Registrations.