Common Trademark Objections To Be Aware Of
Registering a trademark is a key part of setting up a new company or starting a new business and although registration isn’t compulsory, it’s highly recommended. When you register a trademark, you will be protecting your brand for the goods and services you will use it for, and it is much easier and less costly to enforce your rights against someone who adopts a later mark that is too close to your interests when you have a registered trademark. Not to mention, registering your trademark can act as a deterrent to another company that is considering something similar themselves.
The majority of the time, registering a trademark will be fairly straightforward and some companies won’t experience any problems during the application process. However, not every trademark is permissible and sometimes, objections will be made that result in an application being more difficult to register, or actually rejected which means you will have lost your investment in the filing of the application. You may also not be able to use the trademark and lose money on any products you have branded with it. If you’ve never heard of trademark objections before, below we have covered some of the basics you need to know.
What are trademark objections?
When you apply to register a trademark, the Registry will examine your trademark to check whether it complies with the current trademark law. The Examiners can raise objections to applications when a mark is filed, which will result in their total rejection and loss of money for filing it. In addition, other trademark owners can object to applications and there is a period in which objections can be made against the application.
It’s important to note that many objections can be avoided or resolved, and you may still be able to register the trademark. Our experienced team at Trademark Eagle can assist you with any objections you receive from the Registry or if you have a third-party objection. We regularly deal with Examiners objections and can also provide advice and assistance in third party objections without the need to be involved in lengthy and costly proceedings. There are strict deadlines in the trademark application or opposition processes, so it’s essential to handle any objections as efficiently as possible.
Who can object to your trademark application?
As we said, Registry objections are raised by Examiners who are concerned about a trademark complying with Trademark Law. A common example of a Registry objection is an Absolute Grounds objection, which means that an application is unacceptable because as an example it is descriptive, or it is a geographical indicator, or is a protected symbol – as part of our service we advise on all aspects of acceptability prior to filing a client’s application, and we help people who have filed their own trademarks and fallen foul of acceptance criteria. Third-party objections can be raised by anyone who thinks the application has been accepted in error or anyone who thinks the application conflicts with their trademark interests.
Should you receive an objection to your trademark application, Trademark Eagle can help you counter it, providing professional advice as to your position with the aim of finding a solution. Whether you need to make amendments to your trademark or submit written arguments to the Registry, we can guide you through the process and help you to achieve a successful trademark registration.
Common trademark objections
Although there are lots of different reasons why the Registry or a third party may choose to object to your trademark application, companies frequently come up against the same objections during the application process. Some of the most common objections include;
- The trademark is seen as descriptive for the goods and/or services applied for
- The trademark is too generic
- The trademark is deemed not to be distinctive
- The trademark conflicts with another trademark
- The trademark includes or comprises a geographical indication
As mentioned above, objections aren’t always insurmountable and you may still be able to register your trademark with the help of Trademark Eagle.
Looking to register a trademark for your company?
If you’re planning to register a trademark for your company or new product line and you’d like some assistance doing so, don’t hesitate to get in touch with us at Trademark Eagle. We can advise you of the best way to approach your application, and any objections you’re likely to face before applying for registration. We are here to give our clients advice on how best to avoid objections before filing, or to deal with them after the application has been made. As part of the application process, we conduct extended searches and advise on the best way to protect your trademark and to help prevent less common objections and oppositions. We are very proud to say that where clients take our advice our application success rates are over 99%.
Should you encounter any problems when registering your trademark, we have a team of specialists that can assist you. Our IP solicitors/Chartered trademark attorneys can provide you with the legal advice you need, especially during the opposition process, and help you to resolve the matter efficiently. We are here to make the process of registering a trademark for your company as stress-free and hassle-free as possible.