Can the intellectual property office dismiss my application?

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Written by Tomas Orsula

Senior Trademark Attorney

Yes, your application can be refused by an IP office. Examiners commonly refuse applications for lack of distinctiveness, likelihood of confusion with an earlier registered mark, public policy grounds, or procedural/administrative deficiencies in the application.

Before refusing any application, the IP office issues an office action identifying the specific issues and giving the applicant a set window to respond. If the response does not resolve the issues to the examiner's satisfaction, the refusal is made final. The applicant can then appeal to the relevant tribunal or board.

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