What are the trademark registration requirements?
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.
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.
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.
For more information, please contact one of our IP specialists.
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