Reasons for Rejection of Trademark Application

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Rejection of Trademark Application

Reasons for Rejection of Trademark Application

Trademarks once federally registered become an intangible asset of a business. No doubt registration of intellectual rights require a waiting period of 10 to 18 months, but once registered in name of the business it provides all legal support and measures to fight against identity threats. As the trademark application moves in registrar office, the applicant further lives in engaging more brand building activities for it. He might invest some good amount in marketing and promotional activities which resultantly favors his application proposed to the registrar.

But what if the trademark application gets rejected? Yes, there are situations when some perfected trademark applications also stand canceled. In most cases, trademarks get rejected on an issue of the name, the description given, strike over by some competitor policy or matching concept of some competitor trademark etc. Knowing basic reasons for rejections and working on their prior removal before submission might help an applicant in framing a better trademark application. So, to overlook and enlight some basic reasons of rejection, we have listed out our important observations below.

Grounds/Reasons for Cancellation of Trademark Application

 

  • Unintentional or Unstated Reason for Registration: Trademarks registered without any bona fide intention on part of applicant or no required use of trademark proposed was made up to three months from the date of receipt by registrar up to 5 years; in such cases authorities or registrar in concern might cancel state of trademark application for further processing .
  • No Special Recognition: Trademarks accounts for speedier approval if registrar and approving authorities find it appealing and standing to beat out front. Trademarks proposed should be distinctive in all respect and should be capable of distinctly identifying the good or service associated with it. If the application gets canceled in this concern, the applicant needs to access through a different quality check of a mark or have to find the innovative way to express his trademark which should be able to distinguish his good/service from someone else.
  • Found in the similarity of existing mark: Trademarks, as sufficed to the registrar, should be individually representing business ideals and should not be anyhow confused by any other business trademark. If applied mark works with similar objectives of some other or lays some extra benefit to the applicant over an injury to old trademark holder, the registrar or further approving authority might disapprove the application.
  • If Deceptive Trademark Found: An objection can also be possessed by Trademark Examiner that application so submitted includes of policies which can be deceived by the public in wrong way. It might be related to usage of any product or service which may not be working in the interest of people thus declaring it void registrar might disapprove such application.
  • Usage Of Words Highlighting Religious Sentiments : As a matter of sentiments of religious and inhuman communities, registrar or authorities concerned can also disapprove the application saying the particular phrase or word use in trademark application seems offensive to religious beliefs of people or some community as a whole, so it can’t be taken to further approval in their authority.
  • Other reasons: Disapproval to the requested application of trademark can be also be given when :
  • Trademarks are inclusive of government official symbols /emblems (The Emblems and Names Act, 1950) is used for some commercial or professional purpose.
  • Application found to be filed for some bad concern or some personal benefit.
  • The applicant is not the actual owner of the trademark.

 

While the route for getting a registered trademark seems very time consuming but with ease of doing business possibilities of government improvements in this respect seems a priority for the government. .An applicant can now go with an expedited procedure for registering his/her trademark. On payment of a two-fold or three-fold of normal fees, the trademark can be expedited for quicker registration.The trademark registry takes quick action in such cases and provides an examination report within 3 months of application if no additional objection raised against such mark in that period. With the expedited process, the expected time for overall procedures has been shortened to 6 to 8 months.

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Team MN & Associates