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What adjustments could be made to increase the trademark application success?

Written by Jan Buza

Co-founder of Trama

The most impactful adjustments are those made before the application is filed.

If the mark has a distinctiveness issue, consider whether an invented word or an arbitrary term would serve the same brand purpose while being more registrable. If the name itself is fixed, adding a distinctive visual element and registering a figurative or combined mark can improve the outcome.

If a preliminary search identifies a conflicting earlier mark, adjusting the goods and services list to avoid the overlapping class removes the basis for a refusal or opposition in that area.

Ensuring the application uses goods and services descriptions in the format accepted by the relevant IP office prevents formality office actions that delay the process without improving the underlying application.

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