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Advice from trade mark practitioners
Trade mark practitioners have a vital role to play in trademark registration, evaluations, litigation, agreements, disputes, and advice to the client. Some of the more frequently asked questions that we as trade mark practitioners receive from clients are briefly answered below.
For more comprehensive information or in-depth discussions, we recommend that you read through the various pages under our trademark section or to contact us for an appointment
Can a trademark registration fail because the trademark is too descriptive?
As trade mark practitioners we have found that instances where a trademark is too generic or even too descriptive, will lead to failure of an application.
As such we recommend that you list at least five possible names for your product in order of preference and let us help you evaluate the merits of the name before submitting the application.
What is meant by too descriptive or generic?
If you for instance, plan to trademark a product such as a pen, you will not want to add the word pen in your trademark. Generic terms refer to the common way of referring to items.
As such it goes without saying that you cannot exclude others from using generic terms in their marketing, selling or presentation of a product or service. As such stay clear from names that describe the product or service.
Can a person challenge a rejection of a trademark?
Yes, it is possible, provided you have evidence that the trademark is not generic or too descriptive. You will also need to present evidence that the name or logo doesn’t represent a commercially used term, that it is in fact unique, and that it is not similar to an already registered trademark.
From the above it becomes clear that even the selection of a trademark name can be difficult. Get in the help of trade mark practitioners right from the start and prevent rejection risks.
Contact us today to help you register your trademark successfully.
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