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How does the trademark office evaluate applications?

Senior Trademark Attorney

IP offices evaluate trademark applications against two main criteria.

Distinctiveness: the mark must be sufficiently unique for consumers to identify it as indicating a single commercial source. Generic or purely descriptive terms do not qualify. Business name registration applies more lenient standards, but a name registered as a company name does not automatically qualify for trademark protection.

No conflicts with existing marks: the application must not be confusingly similar to already registered trademarks in the same or closely related classes. Most IP offices will refuse an application where an identical mark exists in the same class. Similarity thresholds vary between jurisdictions, with some offices applying stricter standards than others.

Find out how your mark is likely to be assessed with a free lawyer's check with Trama.

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