You are here

Possible Grounds for Trademark Rejection

The benefits of registering a trademark can't be overstated. By successfully registering a trademark, the proprietor is conceded the exclusive ideal to use the design and license/assign the mark to others. Furthermore, a trademark is a valuable ware in that it can develop in value and be sold for a benefit, thus adding to the asset pool of the business.

The most well-known reasons a trademark will be refused registration are:

The trademark is indistinguishable or similar to a prior registered or pending mark; or that the trademark does not and won't distinguish the candidate's goods and/or services from those of different traders.

On the off chance that a trademark is dismissed on the basis that it is indistinguishable or similar to a prior mark, there are several courses of action that a candidate can require with an end goal to beat the grounds for dismissal.

Revising the goods and/or services description

Trademark applications are recorded under classes of goods and/or services. Each class contains hundreds of specifications, some of which are exceptionally expansive and some of which are certain. On the off chance that trademark is dismissed on the basis that it is similar to another mark which covers similar goods/services, it is possible to conquer the complaint by erasing or excluding the encroaching specification.

Consulting with the proprietor of the clashing trademark

In circumstances where it is not practicable to correct the goods/services specification of your trademark, it might be beneficial going into negotiations with the proprietor of the clashing mark and asking them to alter their specification.

Cancellation/Assignment of the clashing exchange mark

Similarly, the candidate may ask the proprietor of the earlier registered trademark to voluntarily cross out the mark or assign it to the candidate.

Filing proof of honest concurrent use and or earlier use

In circumstances where the proprietor of the earlier registered trademark is not willing to arrange or change their mark/list of goods and services, the candidate can beat the ground of dismissal in the event that they can establish that they have used their mark before the registration of the clashing mark or have used it honestly and concurrently since at that point. Towards this end, formal confirmation of use should be documented in definitive form with IP Australia.

Expulsion of the clashing mark

On the off chance that the candidate is of the assessment that the earlier clashing trademark has not been used for the past three years, they can apply to IPIndia to have the mark expelled from the registrar on the basis of "non-use".

Would you get a kick out of the chance to find out about trademarks, the process of trademarking or how to approach conquering a protest? Our group of experienced QuickCompany attorneys would be cheerful to assist you with any queries that you may have. Contact our IP group today to see how we can enable you with registering a trademark.