Quick Answer: What Happens If A Trademark Is Refused?

How do you respond to a trademark action?

Respond online using the Trademark Electronic Application System (TEAS).

You must use the correct TEAS form to respond.

And your response must be signed by a proper person or we can’t accept it.

See the section below called “Who can sign the TEAS response form.”.

What is the likelihood of confusion test?

A likelihood of confusion exists when an allegedly infringing trademark is likely to cause an appreciable number of reasonably prudent purchasers to be confused as to the source or origin of the products or services it is used to identify.

What is a merely descriptive trademark?

A merely descriptive mark “describes an ingredient, quality, characteristic, function, feature, purpose, or use of the goods or services” specified in the trademark application [TMEP 1209.01(a)].

How do you overcome trademark rejection?

The USPTO can refuse registration for a number of reasons….4 Ways To Overcome A Likelihood Of Confusion RefusalArgue that the marks or goods are different. … Consent Agreements – agree to coexist with a prior registrant/applicant. … Argue the prior registration/application is weak. … Collateral attack – a last resort.

What is the meaning of accepted and advertised in trademark?

Accepted and Advertised: This means that your trademark has been advertised in the trademark journal. … Opposed: After the trademark is advertised in the trademark Journal, a third-party has four months to oppose the published trademark.

Can I trademark a similar name?

A business name generally can be protected as a trademark under federal and state trademark law. … As a general rule, if someone in a similar field to yours is already using a particular business or organization name, you should not use it, nor should you use a name that would be confusingly similar.

How do you know if a trademark is too similar?

Too Similar to an Existing Trademark?Compare the look of the new mark with the look of the existing trademark.Compare the market for the new mark with the market for the existing trademark.Analyze how often the new mark has been confused for the existing trademark.Compare the customers for the mark with the customers for the existing trademark.More items…•

How long does a US trademark last?

How long does a trademark registration last? A trademark registration may remain in force for potentially unlimited consecutive ten-year periods as long as the owner meets the legal requirements for post-registration maintenance and renewal and timely files all necessary documents.

What is refused in trademark?

If the trademark examiner finds that the applicant’s trademark is confusingly similar to an existing registered trademark that is used with a similar or related type of good or service, the examiner will issue a refusal.

Why do Trademarks get denied?

Likelihood of confusion is the most common reason an application will be rejected by the USPTO. Essentially, if there is a high probability that the general public will confuse your trademark with someone else’s (already existing) trademark, your registration will not be granted.

What do you do if a trademark status is objected?

If the examiner has objected to the trade mark application, a written response should be filed by the applicant within 30 days of receiving the examination report or when it comes to the knowledge of the applicant that the report is online.

Which section defines trademark under trademark act?

Trademark defined under Section 2 (zb) of the Trade Marks Act, 1999 as, “trade mark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours.” A mark …