Frequently Asked Questions

The most common reason for trademark rejection is the likelihood of confusion with an existing trademark. Your mark might be too similar to a mark already registered, thus confusing the consumer into thinking that the two brands are connected.

Key reasons for trademark rejection

1. Similarity to existing trademarks: As mentioned earlier, a mark confusingly similar to an existing one in appearance, sound, or meaning will probably be denied. Thus, the name "Starbox" for coffee is likely to be denied because of possible confusion with "Starbucks."

2. Descriptiveness: Marks that merely describe the product or service are often considered too generic to receive trademark protection. Thus, a bakery would be unlikely to be able to trademark "Fresh Bread."

3. Lack of distinctiveness: A trademark must be unique and not commonly used in the industry. Generic or widely used terms usually won't qualify.

4. Functional elements: If your mark includes functional features of a product, for instance, the shape of a tool that serves a purpose, it might be rejected, as functionality cannot be trademarked.

How to avoid rejection

• Conduct a thorough trademark search before filing to ensure your mark is unique.

• Make sure your mark is unique, creative, and not too descriptive.

• Consult with a trademark attorney to strengthen your application and address potential issues.