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What can be done to minimise the risk of trademark refusal?

Written by Jan Buza

Co-founder of Trama

To minimize the risk of refusal, make sure to search for conflicting marks before filing, as well as confirm whether the mark is not descriptive in nature. A mark that is not sufficiently distinctive will be refused by the examiner. A mark that is too similar to an existing registration risks opposition from that owner. Addressing both before filing removes the most common causes of refusal.

If a wordmark faces likely refusal on distinctiveness grounds, a figurative trademark is often a better option. Logos incorporate visual elements that strengthen distinctiveness and are generally harder for existing mark owners to challenge.

Also verify that your mark does not include any prohibited elements before filing. Prohibited elements vary by jurisdiction and include things such as national flags, official emblems, and certain personal names.

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

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