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What are common reasons for trademark rejection?

Lack of Distinctiveness

  • The trademark is generic, descriptive, or commonplace in nature.
  • It does not have the ability to distinguish the goods or services of one entity from another.
  • Marks that merely describe the quality, quantity, intended purpose, or value are often refused.
  • Trademarks made up of common trade phrases or dictionary words may not qualify.

Similarity to Existing Marks

  • The proposed mark is identical or deceptively similar to an already registered or pending trademark.
  • The Registrar may find a likelihood of confusion or deception among the public.
  • Visual, phonetic, or conceptual similarities with existing marks often lead to objections.
  • The resemblance may affect consumers’ ability to identify the source of goods or services.

Prohibited or Restricted Elements

  • The mark includes prohibited symbols, national emblems, or government insignia.
  • Use of scandalous, obscene, or offensive terms is not permitted.
  • Trademarks that may hurt religious sentiments or violate public morality are rejected.
  • Use of protected words or symbols under international treaties can also lead to refusal.

Application Deficiencies

  • Incorrect or incomplete information provided in the application form.
  • Filing in the wrong class or not clearly specifying the goods/services.
  • Non-payment or incorrect payment of the government fee.
  • Missing or invalid Power of Attorney or other required documents.

Bad Faith or Misrepresentation

  • The applicant is not the true proprietor of the mark.
  • The application appears to have been made with dishonest intent or to exploit another’s goodwill.
  • Marks that closely imitate famous or well-known brands without authorization may be refused.
  • Prior use by another party may also lead to opposition and subsequent rejection.

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