When applying for a trademark you may run into some difficulties that may cause your trademark application to be denied. If you still face denial of your application, you have options to appeal the decision.
Reasons for the Denial of a Trademark Application
If you submit an incomplete or poorly developed application, you are almost guaranteed to receive a denial. Your trademark attorney can help you draft your application to avoid this pitfall, but there are several other issues that can result in the denial of an application.
The most common reasons for trademark denials include:
* the presence of a similar, pre-existing trademark already registered;
* your mark is too generic;
* your mark consists of immoral, disparaging, or deceptive matter;
* your mark contains the name, image, or signature identifying a living individual without their written consent;
* your mark contains the name, image, or signature of a deceased President of the United States while his widow is still alive, unless consent is given by the widow;and
* the mark is used solely as a trade name.
How to Respond to the Denial of a Trademark Application
If your trademark application is denied you will receive notice from the USPTO in the form of an Office Action. The notice of denial will include reasons for the decision, which your trademark attorney can review and discuss with you. You are given a written notice of the time you have in which to submit a response to the decision, typically 6 months.
At this time, your trademark attorney can help you investigate the reasons for the denial of your trademark application. This information is a critical part of formulating your response, as it needs to address the problems cited in the denial notice.
After your initial response to the denial of your trademark application is filed, the USPTO will issue another decision. Should you receive a subsequent denial, you will need to reformulate the mark before reissuing a response.
Hiring a California Trademark Attorney
It's important to have the guidance of a professional when you are applying for a trademark. Having the advice of a trusted trademark attorney from the start will help you avoid errors in the trademark application process and avoid immediate denial. If you find yourself facing denial of your application, attorneys can help you determine the cause and help rectify it in your response.
Reasons for the Denial of a Trademark Application
If you submit an incomplete or poorly developed application, you are almost guaranteed to receive a denial. Your trademark attorney can help you draft your application to avoid this pitfall, but there are several other issues that can result in the denial of an application.
The most common reasons for trademark denials include:
* the presence of a similar, pre-existing trademark already registered;
* your mark is too generic;
* your mark consists of immoral, disparaging, or deceptive matter;
* your mark contains the name, image, or signature identifying a living individual without their written consent;
* your mark contains the name, image, or signature of a deceased President of the United States while his widow is still alive, unless consent is given by the widow;and
* the mark is used solely as a trade name.
How to Respond to the Denial of a Trademark Application
If your trademark application is denied you will receive notice from the USPTO in the form of an Office Action. The notice of denial will include reasons for the decision, which your trademark attorney can review and discuss with you. You are given a written notice of the time you have in which to submit a response to the decision, typically 6 months.
At this time, your trademark attorney can help you investigate the reasons for the denial of your trademark application. This information is a critical part of formulating your response, as it needs to address the problems cited in the denial notice.
After your initial response to the denial of your trademark application is filed, the USPTO will issue another decision. Should you receive a subsequent denial, you will need to reformulate the mark before reissuing a response.
Hiring a California Trademark Attorney
It's important to have the guidance of a professional when you are applying for a trademark. Having the advice of a trusted trademark attorney from the start will help you avoid errors in the trademark application process and avoid immediate denial. If you find yourself facing denial of your application, attorneys can help you determine the cause and help rectify it in your response.
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