When choosing a trademark for a product or service, understanding the signs that are not usually accepted for registration is crucial. Trademark applications are often rejected on "absolute grounds" or "relative grounds"
When choosing a trademark for a product or service, understanding the signs that are not usually accepted for registration is crucial. Trademark applications are often rejected on "absolute grounds" in the following cases:
- For example, if you register the trademark "Laptop" for a laptop product, the application will be rejected because "Laptop" is the generic name of the product.
- Words that are commonly used to describe products, such as "FRESH" for vegetables and fruits, will be rejected because of their descriptive nature. Terms that refer to quality or praise products such as "FAST" and "PREMIUM" will also be objected to, unless they are part of a distinguishable trademark. In this case, a "Disclaimer" may be required to assert that there is no intention to exclusively protect that part of the trademark.
- For example, marketing orange juice with a label that describes it as "Florida" may be disapproved because it misleads consumers into thinking that the product is from the state of Florida.
- Words and illustrations that violate moral and religious norms are not accepted for registration.
- These trademarks that have been notified to the WIPO International Office will be excluded from the subject of registration.
In addition, the application can be rejected on "relative grounds" if the trademark conflicts with the rights of the pre-existing trademark. If your trademark is identical or confusingly similar to the registered trademark for the same product, it will be rejected or canceled. So avoiding using trademarks that risk being perceived as confusingly similar to pre-existing ones is a smart solution.
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