Trademark Opposition Lawyer - Can My Trademark Registration Be Refused?

Trademark Opposition Lawyers

Trademark Opposition Expert Lawyer

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Trademark Opposition Lawyers

PAIL® Solicitors offer expertise and over a decade of experience in trademark registration and disputes. Contact us using the above form or at peter@pailsolicitors.co.uk or on 0207 305-7491 charge rates may apply and may vary).

What is a trademark?

A trademark is a representation including text or symbols from which the public can identify the underlying unique business. 

Is it straightforward to register a trademark?

No, it is not. And that is where we come in. There are several ways in which your application to register a trademark can be unsuccessful. Here are some of the ways:

Absolute Grounds For Refusal

So absolute grounds for refusal of registration of a trademark under the law include marks which consist only of shapes if the shape itself (a) performs a technical function solely, (b) adds value to the goods or (c) results from the nature of the products. However, there are exceptions.
 
In addition to marks other than shapes, signs consisting solely of shapes “or another characteristic” if that shape or other characteristics result from the nature of the goods, or is necessary to obtain a technical result, or gives significant value to the products.
 
That is to say, features other than shapes fall into the category for absolute refusal.
 
Other grounds for absolute refusal include:

• not capable of being a trademark;

• devoid of distinctive character;

•  consists exclusively of signs or indications that may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or rendering service, or other characteristics of products or services; and

• exclusively customary in established practices of the trade.

Relative Grounds For Refusal

• Relative grounds may also be used to refuse trademark registrations. So a trademark will not be registered if:

• It is identical or similar to an earlier mark and with the underlying goods and services if because of the similarity there exists a likelihood of confusion including an association with the earlier mark.

• The owner of a mark has exclusive rights in the mark that are infringed by its use in the UK without consent.

• An application is submitted to the registrar for trademark registration.

• The registrar examines it and decides whether to accept or refuse it. If she does not take it, she writes to the applicant allowing making representations or amending the application.

• If the application is accepted, the registry publishes it in the trademark journal.

• Any third party may file an opposition against the registration within the prescribed time, currently three months after the date of publication.

• The mark is registered, and the applicant receives a certificate where no opposition is filed.

• The trademark registration is for ten years from the registration date.

Trademark Opposition Lawyers

Whatever the refusal or opposition we can make the difference in the outcome.