How to Deal With Trademark Application Rejection

For a brand, company, organization or service provider trademark bears high significance as it about the protection of the representations, expressions, symbols and designs of its products or services from copying or stealing. Even though is it a tedious and time consuming process, brands definitely opt to apply for trademark registrations and secure their official expressions. Companies apply for the trademark at the time of their inception usually and wait until the approval is received. Meanwhile, many of them start their identity and branding. On one hand, this helps avoid time wastage, but on the other hand is risky as well. Reason being the rejection of their trademark application. This would not only result in loss of time but financial losses in terms of the bucks spent on launch, identity and branding as well.

Trademark Application Rejection

AVOID TRADEMARKS ALREADY IN USE
If an expression, name, sign, symbol is similar to an already existing trademarked one, your application has a definite chance of rejection. Hence, it is advisable to avoid the use of conflicting names, signs and symbols as much as possible by doing a doing a check about the same.

AVOID USE OF COMMON WORDS
Words used commonly on a routine basis by people cannot be trademarked. For example you cannot get the word ‘Car’ trademarked because it is a common term used by people and it cannot be exclusively owned by a company or brand. Inventive words are a trend these days and are created by a combination of two or more words, these types are generally acceptable as they dont have any meaning at all, so trademark issues are resolved easily.

AVOID USE PROHIBITED EXPRESSIONS
Nationally regulated elements, expressions or symbols, like flags, geographical locations, symbols, emblems, hallmarks and more national as well as international are not applicable. For example the word ‘India’ or the flag of India is not applicable for a trademark.

AVOID EXPLANATORY EXPRESSIONS
Words that are used in general for describing things are not applicable for registration. It is therefore advisable not to use words like example ‘Fat’ for trademark registration.

AVOID OFFENSIVE EXPRESSIONS
Trademark applications are generally rejected if words, signs, symbols or designs are offensive in a way or other to a religion or community. So it is always a good idea to avoid the use of such expressions.

AVOID INDECENT EXPRESSIONS
You may not consider using expressions that are disgraceful as they are generally not acceptable for trademark registration. One such example is pornography.

In today’s times the expression protection issues are on the rise, all thanks to Internet that has brought us the privilege of accessing information anywhere anytime. Besides, Creating an identity amid the clutter of similar competitors or rising above the noise of umpteen similar products, services, brands etc, trademark protection or intellectual rights protection looks like the best possible solution. It not only protects your intellectual rights against duplication and misuse but is a recognition of uniqueness as well.

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