Reason for Trademark Application Rejection
Trademark registration applications can generally be rejected for absolute or relative reasons, such as Because it conflicts with or is prohibited from registering with previous and well-known trademarks. Trademarks give a company the right to use certain distinctive features. This allows the company to increase its commercial value, credibility, and reputation from the customer’s perspective. However, there are some cases where the trademark registration body refuses to grant the trademark.
Registered trademarks help trademark owners prevent misuse of trademarks and create intangible assets of value to the company. However, the trademark registration process usually takes 12-18 months to know the final status of a trademark application filed. The trademark filing process is so time-consuming that many companies begin to build their brand around the brand while the trademark filing is still pending. If the trademark application is finally approved and the trademark is registered, the effort involved in creating the trademark will be protected. However, if the trademark is not registered for some reason, the brand may be under threat.
What Is a Trademark?
Trademarks are marks that might be used to become aware of the supply of products or offerings produced via way of means of a particular corporation or individual. These markings permit purchasers to speedy accomplice a product with its manufacturer.
These marks are legally protected to make certain that they may be now no longer used to mislead products or confuse purchasers. A trademark ought to be registered to receive legal protection. The mark could be protected from getting used illegally if it’s registered, and the proprietor of the mark may have entire possession of the mark.
How to Register a Trademark
Trademark registration is a simple but time-consuming process. To register a trademark, you need to do the following:
- Identify the class to which the mark applies
- Make sure there are no similar brands
- Apply using the correct form, depending on the type of trademark you need
- Submission of form and then wait for allotment number
- Wait for registration confirmation (status can be called online via allotment number)
- Enjoy trademark protection for 10 years from the date of registration.
- The process is simple, but it can take up to 12-24 months.
- The real problem is when your trademark is rejected by the registry. The trademark will be subject to examination when applying for registration. Officers may reject the application if they determine that they violate the provisions of the Trademark Act of 1999 (hereinafter referred to as ACT).
Grounds for Rejection
Trademark applications are carefully checked by registration officers. If they find an infringement of any kind to the law or to other registered trademarks, they may reject the application for that trademark. The application status will now show “Exam Marker”. The following are grounds for rejecting a trademark application.
The examiner will first check that the application has been properly filed and that all information has been submitted as required by law. If the reviewer finds anything wrong in the application process or documentation, they will reject the application.
Similar to a Registered Trademark
When registering a trademark, it is always necessary to check that your trademark is the same as an existing one. You can do this by performing a public search on the Patent, Design, and Trademark to the website or simply by using the legal services of an attorney specializing in trademark applications. If the examiner finds that the registered mark is similar to an already registered trademark or to an already registered trademark, he or she may reject the application.
Descriptive Words or Design
Whether the mark contains descriptive words or terms commonly used to identify a product. For example, if you try to trademark from SWEET to market products like chocolate or candy, it will be rejected because it would be unfair to others.
General Words or Design
Generic words like PENS or PENCILS cannot be trademarked for the sale of pens or pencils, as a company cannot accept the term for sole use. Therefore, such a mark may be refused registration by the examiner.
Offensive Terms or Designs
A trademark must not contain an offensive term or design, as such a mark would be contrary to public morality and public order. As a result, offensive design terms will generally be rejected by reviewers.
Confusing Terms of Designs
A misleading mark or a deceptive trademark can be any mark that may mislead consumers as to the origin, manufacturer, quality, ingredients, etc. of the product. For example, if a brand is a FISH but the product is only red meat, the box could be rejected on the grounds of a misleading statement.
Official Designs or Words
If a trademark contains official words, terms, designs, or images, it will be rejected by the examiner for registration because it is contrary to the public interest. It may erroneously convince consumers that it is approved by an official authority. For example, if the mark is the flag of a country, it will be rejected on this basis.
Hi, I am Noorshaba Mirza and I am a self taught blogger, I am a Law student and I love writing and learning as “Learning never exhausts the mind.” and I have written many research paper. As writing express and connect to various things so never stop exploring and spreading knowledge.