Why is my trademark application rejected?
Many entrepreneurs submit a trademark application themselves at the Benelux Office for Intellectual Property (BOIP) or the European Union Intellectual Property Office (EUIPO). Although this may seem straightforward, applications are sometimes rejected. This can have negative consequences for protecting your business. Fortunately, a rejection does not always mean the end of your trademark application. With the right legal support, a solution may still be possible.
A trademark application can be rejected for various reasons. Often, a trademark lacks sufficient distinctive character, making it not unique enough to receive protection. Descriptive terms are also refused. It is essential to clearly specify which products and/or services the trademark will be used for in the application. Finally, certain symbols may be rejected if they conflict with public order or good morals.
What if someone objects to your trademark?
Even if your trademark application is initially approved, another trademark owner may oppose. This occurs through an opposition procedure, where it is assessed whether your trademark could cause confusion with a previously registered trademark. This is a legal process and requires a well-founded defense. Without the right expertise, you risk having your trademark application rejected after all, which could cost you time and money. Therefore, it is wise to seek assistance in opposition procedures.
What can you do if your trademark application is rejected or opposed?
If your trademark application has been rejected or if opposition has been filed against your trademark, it is crucial to act quickly and correctly. In many cases, you can appeal the rejection by submitting additional arguments or evidence. Sometimes, it is possible to modify your application, for example, by adjusting the classification of products and services. During an ongoing opposition procedure, you can present a defense to demonstrate that there is no risk of confusion between your trademark and the previously registered one.
Trademark law is complex, and a rejection can have significant consequences for your business operations. Therefore, it is smart to enlist a specialist who can assist you. With the right strategy, you increase the chances of a successful registration and avoid legal complications.
Has your trademark application been rejected, or are you facing an opposition procedure? Contact Mustafa Kahya.
