What are the trademark registration requirements?

31 Aug 2022

The organization that evaluates the trademark application checks whether a word or logo meets the basic requirements. Otherwise, an application will be rejected. The main reasons for rejections are:

  • The word is self-explanatory: This is the most common reason for rejection. The word requested is descriptive when it describes the product or service for which it is requested, or their features.

For example, 'biomild' for mild flavoured organic yogurt or 'babydry' for diapers.

  • The word has no distinguishing feature: For example, if a word or words cannot distinguish the product or service, it cannot be registered as a trademark.

For example, the word LIMO for lemonade syrup.

  • If the word/logo is misleading: For example, if protection is requested for a logo containing images that may mislead consumers about the products/services to be offered under the trademark, the trademark applied for is misleading.

In case of rejection of the application, the costs and taxes paid are not refundable.

Extensive trademark research

In order to avoid rejection, we recommend that you do a preliminary research on the mark you want to register as a trademark.

In a comprehensive trademark research, we do not merely search for the previous use of the mark (or a similar mark) in the trademark register. For example, we also check Google and the Chamber of Commerce registry. As a result of our research, we produce a report in which we explain our research and give clear advice on our view, feasibility and risks we see.

Why BG.legal?

We specialize in advising and litigation in intellectual property law, including trademark law. We are doing research on the usability of trademarks. We also register, manage and track trademarks. We also assist clients in objection and infringement lawsuits and draft contracts for the transfer of trademarks.

Costs

The cost of the extensive trademark research depends on the number of countries and the number of classes to which the mark will be applied for.

More information?

For more information, please contact one of our IP specialists.

Click here for the Turkish version.

Mustafa Kahya nieuw 1

    Current concerns regarding the EU-US Data Privacy Framework
    Read more
    Copyright on advertisement text
    Read more
    Marka tescil şartlar nelerdir?
    Read more
    Neden bir kelimeyi veya logoyu marka olarak tescil ettirmelisiniz?
    Read more
    Why should you register a word or logo as a trademark?
    Read more
    AI in Pharma
    Read more
    AI Act and Pharma / Health
    Read more
    Indemnification and IP infringement: a matter regarding shoes
    Read more
    What information needs to be included in a privacy policy?
    Read more
    Burden of proving genuine use
    Read more
    Data
    Read more
    There are already rules for AI applications
    Read more
    AI: Supervision and Toolbox
    Read more
    The same trade name does not constitute an infringement. How can that be?
    Read more
    Infringement of descriptive trade name possible after all
    Read more
    Design right on furniture: infringement or not?
    Read more
    Distribution agreement
    Read more
    Licence agreement
    Read more
    Fashion & Design
    Read more
    Competitor's use of a brand in advertising
    Read more
    Advertising
    Read more
    Software
    Read more
    IT-right
    Read more
    Slavish imitation
    Read more
    Trade secrets
    Read more
    Trade names
    Read more
    Domain names
    Read more
    Copyright
    Read more
    Trademark and design
    Read more
    Consent under the GDPR: things to keep in mind
    Read more
    Intellectual property
    Read more
    When are you allowed to decompile software?
    Read more
    Choices when choosing cloud services
    Read more
    We already have rules for AI systems
    Read more
    Exploring the legal boundaries of Synthetic Data
    Read more
    Risk check for AI applications
    Read more
    Legal Department-as-a-service
    Read more
    New European rules for Artificial Intelligence
    Read more
    Nieuwsbrief BG Tech: de toekomstige uitdagingen in de IP & Technologie & gratis Webinar
    Read more
    Data breaches under the GDPR
    Read more
    European Perspectives on AI Medical Devices
    Read more
    BG.tech
    Read more
    Vacatures
    Read more