What trademark objections could the Trademark Office raise?

4 May

Here are some of the most common objections that the Trademark Office might raise in response to a trademark application.

1. Goods objections

The Trademark Office could object that the goods or services you’ve applied for are not acceptable.

However, because we guarantee that your goods will be compliant, you don’t need to worry about this. If a goods objection is raised by the Trademark Office, we’ll deal with it at no cost to you.

2. Your mark is descriptive

The Trademark Office will object to descriptive trade marks, for example:

FRUITY for fruit juices
CRUNCHY for muesli
COMFY for clothing
SAVINGS HELP for financial services

3. Your mark is non-distinctive

The Trademark Office may also object that your mark is not distinctive or is a common word that others should be able to use for the same goods or services, for example:

PREMIUM
AWESOME
GOOD VALUE

Sometimes an image or logo might even be deemed non-distinctive (and thus unregistrable) for certain goods or services, such as this one, for medical services:

4. Your mark is too similar to an existing trademark

The Trademark Office could object if your trademark is identical, or confusingly similar, to another trademark that was applied for or registered before yours.

For example, if you apply for COCA COLA or KOKA KOLA for soft drinks, your application will be blocked by Coca-Cola’s existing trademark registrations for the same goods.

Avoid Trademark Objections by Conducting a Trademark Search

To find out in advance whether your trademark has already been registered, you need to do a search of the trademark register:

You can search the Trademark Office online trademark database yourself.
You can order a s earch and preliminary advice report from the Trademark Office.
You can contact a trademark lawyer to help you.

Trademarks Online