Trademark Registration: Key Considerations and Solutions
Unlike patents or designs, trademarks do not protect inventions. Instead, they “choose and protect” marks that are valuable for branding purposes. However, trademark protection does not apply to all marks without exception.
Certain marks cannot be exclusively used. For example, registering product descriptions or prominent place names would create unfair advantages.
Trademark Registration Principles and Refusals
Trademark law sets a fundamental principle to include eligible marks in the registration system. However, the law also provides over 40 grounds for refusal, preventing the registration of certain types of marks.
Examples of refusal grounds include:
- Marks that describe a product’s characteristics, effects, or uses
- Marks that are similar to existing registered trademarks
As a result, randomly choosing and applying for trademarks is strictly discouraged.
Trademark Review and Solutions
Before applying for trademark registration, it is crucial to:
- Assess whether the trademark is inherently registrable
- Ensure the trademark does not conflict with existing preliminary trademarks
Despite these challenges, receiving a rejection notice is not the end. There are various strategies to address trademarks with insufficient distinctiveness, such as:
- Coupling the mark with logos or figures
- Modifying or combining distinctive elements
If you are interested in acquiring a trademark similar to a registered one, you may also improve your chances by:
- Investigating whether the registered trademark is in use
- Filing a cancellation trial for unused trademarks
- Making adjustments to the trademark’s design or structure
Our Approach to Trademark Registration
At Sarang IP Law Firm, we thoroughly review the possibility of registration for each case before filing applications. Our services include:
- Providing detailed information about registrability
- Recommending measures to increase the likelihood of approval
- Addressing potential risks and developing strategies to overcome them
Why Choose Sarang IP Law Firm?
We possess highly-specialized skills and extensive experience in trademark law. Our goal is to minimize risks and ensure smooth registration through proven strategies and in-depth know-how.
Contact us today to discuss how we can support your trademark registration process!