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What requirements must a mark meet to be eligible for registration?

Senior Trademark Attorney

A trademark must meet two main criteria to be eligible for trademark registration. It must be distinctive, and it must not conflict with previously registered trademarks.

Distinctiveness means the mark is unique enough for consumers to identify it as indicating a single commercial source. Generic terms and names that merely describe the goods or services offered do not meet this threshold and will be refused.

No conflict with existing marks means the mark must not be identical or confusingly similar to a trademark already registered in the same or closely related classes. If such a conflict exists, the owner of the earlier mark can oppose the application and prevent registration.

Verify your brand's trademark eligibility with a free lawyer's check with Trama.

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