Prerequisites for the Protection of Trademarks by Means of Registration
Absolute Grounds for Refusal
What are the absolute grounds for refusal of a trademark application?
There are several absolute grounds for refusal of a trademark application, including:
- Lack of distinctiveness: The mark is not distinctive enough to identify the goods or services of the applicant.
- Descriptiveness: The mark is merely descriptive of the goods or services of the applicant.
- Deceptiveness: The mark is deceptive or misleading about the goods or services of the applicant.
- Immorality: The mark is immoral or scandalous.
- Similarity to existing marks: The mark is confusingly similar to an existing trademark.
What are the consequences of having a trademark application refused?
If a trademark application is refused, the applicant will not be able to register the mark and will not be able to use it to protect their goods or services.
How can I avoid having my trademark application refused?
To avoid having your trademark application refused, you should:
- Choose a mark that is distinctive and not descriptive.
- Conduct a trademark search to make sure that your mark is not confusingly similar to an existing trademark.
- File your trademark application carefully and accurately.
Where can I get more information about trademark registration?
You can get more information about trademark registration from the United States Patent and Trademark Office (USPTO) website: https://www.uspto.gov/trademarks
Komentar