Have you gone through an unsuccessful trademark registration and want to know how you can recover from it? You’ve come to the right place. There are certain measures you can take to recover from unsuccessful trademark registration and register your mark successfully. We’ll go through them below. But first, it’s important you are aware of the reasons for trademark refusal. Only then can you recover from an unsuccessful trademark registration effectively.
- The trademark must be applied under the owner’s name.
- The applicant must specify the type of entity and declare their citizenship.
- The mark must be in active use or show a real intent to use in commerce. Adhere to legal requirements in the country of registration to ensure approval.
Seek Professional Help
The easiest and most time-efficient way to recover from an unsuccessful trademark registration is by seeking professional help. Trademark experts know what characteristics to look in a mark. They can instantly deduce if your mark is a hit – or a complete miss. And most importantly, they can tell you why your mark was refused and what you should do about it.
To make haste on your trademark application, work together with professionals who know all the pitfalls of trademark registration. Here’s what to look for in a trademark expert.
Complete a Trademark Search
If you haven’t completed a trademark search the first-time round, then don’t make the same mistake twice. Invest in a proper and thorough trademark search.
Completing a trademark search will help you recover from an unsuccessful trademark registration. Even the most basic search will provide you with useful information about your mark. Like whether there’s an identical mark registered or if there’s a mark partly similar to yours. Having access to this information will indicate how you should proceed.
Is your mark freely available without the possibility of objection or will your mark be at risk of infringement? Get these answers and more with a simple search.
Bear in mind that trademark registration is a lengthy process. In the UK it takes about 6-9 months to process trademarks, while CTMs (European trademarks) take 12-18 months. Therefore, you want to make sure your mark meets the criteria from the get-go.
Complete a Language Check
If you’re planning on registering your mark internationally, then completing a language check is absolutely crucial. A language check will tell you a lot about your mark, like whether the name has a double meaning in the target language, whether it’s easy to pronounce, or if a similar mark is already registered.
Check out these 17 brand language blunders that show why language checks shouldn’t be overlooked during international trademark registration.
The Bottom Line
Unsuccessful trademark registration can set your business plans back several months – or more – and cost you an arm and a leg. However, by no means does it mean you should give up on your mark. Recognize your mark’s weak spots, address them, and recover from unsuccessful trademark registration.
For extra support contact us for all your trademark queries. We’ll be by your side every step of the way. Get started with a free initial consultation.