If you have applied for a Trade Mark, and your Trade Mark application has been rejected, it’s important to understand why, and how to respond. Although it’s possible to prepare a response yourself, to have the best chance of overcoming the Examiner’s objections, it’s best to speak to a qualified professional.
The two most common reasons that a Trade Mark may be rejected are:
- Trade marks which are likely to be needed by other traders; and
- Trade marks which are similar to other trade marks.
In both cases it may be possible to overcome the Examiner’s objections by providing evidence of use, or of other circumstances. Depending on the specific objection raised, this may be evidence of prior use, intended future use, or (in the case of a conflict with another Trade Mark) honest, concurrent use.
If you’d like to speak to one of our Trade Mark lawyers or Trade Mark attorneys, fill out the form or give us a call on 1300 544 755 for a free assessment.
A qualified professional can assist with providing feedback on the types of evidence that will help to overcome the Examiner’s objections. They will also be able to assist with gathering this evidence, preparing related documents (such as Statutory Declarations), and preparing written submissions to respond the Examiner’s objections.
To put forward the strongest possible case, it’s crucial to get the right help. Without it, your Trade Mark application may lapse, and your ability to protect your brand, and your business may be compromised.
At LegalVision, we work with our clients to understand and respond to Trade Mark examination reports when their Trade Mark application has been rejected. If you’ve had a Trade Mark application rejected, get in touch to find out how we can assist to make sure your Trade Mark will be protected.
