The applications for trademarks are growing these days. It is not necessary to include the company name in the priority list for only one specific name or design; it must be held under a registered authority. But on the same hand, trademark rejection is also increasing due to unlimited reasons.
Registering your marks is not only a company legal necessity, it is also regarded as the best suggestive tool for defending the corporate interest. It removes privacy and other myths of market identification. For a trademark to be licensed in India, one must take a simple process that probably takes roughly ten to twelve months. (Maybe postponed in compliance with government preferences).
Why Does Trademark Rejection Take Place?
According to USPTO figures, most trademark applications are not accepted in the first round. A ‘First Action Clearance’ is given only to 34.4% of TEAS Plus applications and to 16.3% of TEAS RF applications (at the date of this post). Office proceedings against a large number of trademark applications are then released. While there are several grounds for refusals to allow a trademark submission, they typically fall into two categories:
- Rejecting (substantive Office action) registration; and
- Stuff which is non-substantial. Non-substantial problems of dubious label disclaimers are reasonably easy to fix and are cheap to address. For example, proposals for changes or extra clarification on the following are not substantive issues:
- Goods and facilities recognition
- History on the importance of the trademark or foreign language
- mark definition if a stylized emblem is involved (design mark)
A serious failure to file the trademark would entail considerably more time and costs. Examples of substantive arguments for refusing an application for a trademark include:
- Confusion with a recently filed or registered trademark (i.e. the logo is too close to the mark you filed before your request);
- a purely descriptive mark (i.e. a definition of the nature, function, or characteristic of products or services described in your request);
- Failure to mark the source or element (e.g. details, frequently used texts, etc.), as a trademark.
How Will Trademark Rejection Be Stopped or Minimized:
Know before you apply your trademark application that such pre-filing steps will minimize substantive and non-substantial trademark rejection chances considerably. Some tips are here.
Exclude the markers that appear to be repetitive or representative of the goods as you brainstorm. You should also filter terms or phrases which are not likely to be a source of brand identity that distinguishes your business.
Careful consideration is required when distinguishing products and services. In addition to complying with the USPTO mark standards, you want to use descriptions that reduce any overlay of goods/services of similar marks.
Too many goods or services in a usage-based transaction is a potentially disastrous error if, in reality, the claimant has not still used the label on all items found in the document. In an intention-to-use application, too many products or services are detected without crime, but a mistake of this nature in a usage-based application will lead to an incorrect registration if not resolved in time.
A knockout search of the USPTO trademark database should be carried out before applying the trademark application to reduce the likelihood of misunderstanding denial. It is very easy to locate the same trademark in the same class but to look at other trademarks that might be considered as somewhat similar takes some expertise and know-how (e.g. cutting the trademark off for a similar trademark filing).
How Do I Respond Effectively to Refusals of Trademarks?
You could nevertheless obtain an Office Action, after planning ahead and diligently preventing pitfalls. It may be of little comfort, but it helps to note that USPTO lawyers are not machines that follow a consistent template or formulation (though we may wish otherwise!). It may not be comfortable. We interact with individuals, and people are arbitrary. It is a struggle to reassure the human investigator that your symbol is permissible.
Deft legal reasons are required to respond successfully to the failure to register. What’s important is not only reciting trademark laws but adapting the applicable case law directly to your particular pattern of evidence. Every recent registration of marks in which the case has been identified can be very convincing. It takes time to identify active registrations. Mark examination lawyers are normally impressed by copying and pasting occupations packed with definitive declarations.
Other Reasons For Trademark Rejection:
General Words: Trademarks to visualize the real business concept or associated product operation would usually be denied because it is widely used and because it is not creative. For instance, a carmaker has applied for a brand name classification as ‘SACHIN CAR MANUFACTURING UNITS,’ which is more likely to be denied under descriptive markings and use of the requirements of the general term in the way that the company as a whole should be aimed at.
Aggressive lines: Markers indicating a ‘relative’ presence of a given race, caste, culture, or association are excluded where they seem specifical or implicitly to be offensive in the eyes of a registrar, suggesting that the opinions of a faction be affected and that a community be favored.
Until a label differentiates your market intentions and the ultimate commodity that you sell, you get no gain from the use of big chunks of the intellectual property of your rivals.