It is important to note that although trademark filing procedures can be followed that the application for registration may not necessarily be successful. The reasons are that there may already be a similar trademark registered or that the application does not meet the criteria for registration. As such before commencing with the trademark filing you should consult with Intellectual Property lawyers as the trademark filing will only be successful if the mark will be able to distinguish your goods or brand from other brands.
Trademark applications may be unsuccessful when specific conditions for trademark registration are not met. A few reasons for unsuccessful trademark applications are listed below:
- When the mark does not fall within the allowable definition range
- When it is not able to distinguish goods or services
- If the mark has become customary for goods or services
- When there is no clear bona fide purpose for the usage of the mark
- Should the mark be a copy or imitation of another registered mark for goods
- If it indicates patronage
- If such a registration will limit the growth of a particular industry
- Should the trademark applications indicate deceptive marks
- Should it be likely to cause confusion
- Any mark similar to one already in use.
If the mark is reasonably required by other traders regarding specific goods, the trademark filing will not be successful.
It is essential that the goods or the services be described accurately in the trademark filing as there are various classes under which protection can fall. It must be noted that an objection can be filed should the application show that trademark conflicts with other existing marks or is deceptive.