Do you what
trademarking actually means? Are you trying for trademark registration? When
opting for trademarking, it is important to know the conditions due to which
your trademark registration is rejected. However, one of the reasons for
trademark rejection is descriptiveness of the trademark. A trademark is meant
to describe quality, characteristics, purpose, features, and use of both
services and goods. The details of business purpose would be mentioned in the
application procedure.
Reasons for rejection of descriptive marks
It is seen that
descriptive marks are not registered instead, they are rejected. One of the
main reasons for this is the rising competition in the market. When choosing
trademark works, the owner should try to keep it as simple as possible. So, it
would be unfair to allow an owner to use descriptive words as a trademark as it
would prevent chances of competing in the market.
How can a company avoid
selecting descriptive trademarks?
Before opting for a
trademark, you should search for the existence of similar marks in the USPTO
database. You should check for good and service in a similar class as that of
your product. In addition, you should also look for it under different classes.
You can go through Trademarks411.com
to know how to deal with trademark rejection. However, you can also appoint an
attorney so that the person can help with the right step of overcoming
trademark rejection. Also, you should try to convince the examining attorney in
your favor. So, you will be left with only the following options.
- You would request for
reconsideration of your application based on new evidence.
- You have to make an appeal to the
Trademark Trial and Appeal Board.
In most of the cases,
it is seen that chances of success over a trademark rejection issues are low.
You have to give your best to convince the attorney in your favor. Owing to all
these reasons, it is better that you should choose your trademark carefully.
Never make the mistake of choosing any descriptive word as your trademark.
What do you understand
by suggestive trademark?
In the case of
trademark rejection for being descriptive, you can make an effective approach
to justify it as suggestive. But if you plan to use a suggestive market, it
should have thought and imagination that would help it to reach a constructive
conclusion. This is in contrast to the descriptive trademark that conveys about
the service or product. For any related information, you can visit Trademarks411.com
link. It shall provide you with the required information and help you handle
trademark rejection better.
Wrap up
You should remember that the relationship between product and trademark should depend on how services and goods are identified in the market. Whether it is a suggestive trademark or descriptive trademark, you should choose it carefully that relates to your goods or service properly. When choosing an attorney, it is better to choose an experienced one so that the person can help you choose the right trademark for your business.
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