TRADE MARKS - PROSECUTION
Once a trademark application is filed, it enters the trademark prosecution phase, which encompasses all the steps and legal processes necessary to secure registration and maintain your trademark rights. During this phase, the application undergoes a thorough examination by an examiner in accordance with local laws and regulations.
The examination process involves a careful review to ensure the mark complies with legal requirements. Common reasons for refusal include marks that are purely descriptive of the goods or services, lack distinctiveness, are likely to cause confusion with existing trademarks, or contain offensive or misleading elements. If objections or office actions are raised by the trademark office, a timely and well-crafted response is crucial to overcoming these hurdles.
Menu
Upon filing a trademark application, it goes through various stages examination stage according to the local laws and practice. In most countries, a legally trained examiner will review the trademark application based on established examination principle and local laws. The common reason for the application to be refused includes:
- The mark is made up of a word or a combination of words, which are non-invented
- The mark consist of a word/a combination of word(s) / symbol that makes direct reference to the character and quality of the goods or services concerned
- The mark is not capable of distinguishing goods and services dealt with or provided in the course of trade by one undertaking from another
- The use of the mark is likely to deceive or cause confusion to the public;
- The mark contains or comprises any scandalous or offensive matter
At Adastra, we can assist you with a timely respond to the Objections issued by the respective Trade Mark Office on your behalf at a flat fee.
