What shall I do if my application is refused?
When you have put your hopes on your trade mark application, it can be disappointing when the outcome is not what you were expecting.
However, all is not lost, your battle for protection is not over.
The first thing to do is to talk to the trade mark experts, The Trademarkroom!
We will be able to give you more clarity on why your application was not accepted and the next steps you can take to rectify it.
If your application was refused due to your mark being too descriptive, you will need to inject a unique element. This can be done by either adding a logo or changing the configuration of the words in your mark.
If your mark was refused because of its existing use as a registered trade mark you have a number of options. If you are looking to trade in a class of goods or services that is completely unrelated to those in which the mark is already registered, you can go into a license agreement with the marks owner to only trade in that area.
There is always scope to argue against a ruling to refuse a trade mark, however there is not a guaranteed way to ensure it is registered.
The best way to ensure that your mark has the best chance of success is to work with The Trademarkroom from the start who will guide you through the process and be able to make sure you do not hit any unnecessary road blocks.
By Ellis Sweetenham