Trademark registration (TM) is an important step to protect your brand and business. However, sometimes your application can be rejected. Let's look at why this happens and what steps you need to take to ensure your registration is successful.
Why could your TM registration application be rejected?
- Non-compliance with formal requirements. Many applications are rejected due to errors in documents or non-compliance with other formal requirements.
- Conflict with an existing trademark. The application may be rejected if your TM is too similar to a previously registered or applied for registration mark. Similarity is determined on the basis of graphic, phonetic and semantic features.
- Lack of discernment. Trademarks consisting of general words or descriptive terms are not subject to registration, as they do not have sufficient uniqueness necessary for the individualization of goods and services.
Steps after refusal of trademark registration
1. Analysis of the reason for failure
The first step is to obtain an official decision from the body that rejected the application. This document always contains an explanation of the reasons for refusal.
2. Appealing the decision
If you believe that the refusal was unjustified, you have the opportunity to submit a reasoned objection.
- The procedure for filing an objection depends on the country where the application was filed and requires knowledge of the special legislation of the relevant jurisdiction.
- At this stage, it is advisable to involve local patent attorneys or industry experts. international TM registration.
3. Application modification
The applicant can correct technical errors in the bibliographic data of the application, but does not have the right to change the image of the applied designation and / or add additional items to the initial list of goods / services.
How to avoid rejection during TM registration?
- Choosing a unique name. Create unique names and logos with high resolution.
- Preliminary search. Before applying, perform a search to ensure that your TM does not conflict with existing applications and registrations.
- Involvement of professionals. Brand registration in the EU requires in-depth knowledge of legislation and professional experience. Entrust the matter to professionals, which will save you money and significantly increase the chances of success.
The role of legal services in TM registration
Registration of objects of intellectual property rights is often accompanied by difficulties, especially when it comes to international registration of TM. Professional patent attorneys will help:
- prepare application documents in accordance with current requirements;
- conduct a preliminary search;
- appeal the decision to refuse registration;
- to implement the representation of the applicant's interests in international bodies.
Advantages of a professional approach
Brand registration in Europe requires adherence to strict standards. Patent legal services provide:
- saving time;
- error protection;
- confidence in a positive result.
A previous refusal to register a trademark is not a tragedy. A thorough analysis of the reasons, professional advice and proper preparation of documents will help to correct the situation. Engage experienced lawyers to ensure the success of your application. If you plan register a TM or need legal assistance with international TM registration, contact proven specialists eutm.com.ua.
