|
Q：
|
Why my application is rejected?
|
|
A：
|
If the requirements for registration are not met or the same or similar trademark has already been registered or been applied for by another trader, the Trademark Office will reject your application.
|
Q：
|
What should I do if the Trademark Office rejected to my application?
|
A：
|
The Trademark Office will indicate in the opinion why the application is rejected and suggest way(s) of overcoming the rejection if possible. The applicant has a period of time (varies by country) to meet the requirements. Extension may be granted in some countries.
We highly recommend you appoint a professional agent, like Kaizen, to take over the application and advise you further action.
|
Q：
|
How to overcome my rejection?
|
A：
|
It varies between the reasons for rejection.
If the applied-for mark is identical to or similar to prior mark(s), the Trademark Office will usually suggest the applicant remove the conflicting goods or services to avoid confusion to the public, or obtain letter(s) of consent from the prior mark owner(s).
When removing conflicting goods or services is not work or fail to obtain letter(s) of consent, you may consider to provide evidences of use of your mark which show the date of first use is much earlier than the application date of the prior mark(s). The Examiner may consider your mark has been put into use and promotion for a long-term period, your applied-for mark is not likely to cause confusion to the public.
However, please understand that the Examiner may confirm the decision of rejection even you submit an argument and supporting documents.
|
Q：
|
Can anyone guarantee my trademark get registered?
|
A：
|
Please understand that no one could guarantee the trademark get registered in any country. The similarity of trademarks, distinctiveness and other examination norms are very subjective. The same application may have completely opposite results from two different examiners in the same country.
|
Q：
|
How to avoid rejection?
|
A：
|
It is advisable to request trademark pre-filing search before filing the application.
Please refer to our article: https://kaizencpa.com/cht/Knowledge/info/id/572.html
|
FAQ
