Written by Tomas Orsula
Senior Trademark Attorney
No, your examination results probably won’t be identical in other jurisdictions. Descriptiveness thresholds vary between jurisdictions; some IP offices are stricter than others when assessing whether a mark merely describes the goods or services it covers.
A wordmark refused in one country on descriptiveness grounds may be acceptable in another where the examiner applies a more liberal standard and vice versa.
If a wordmark has been refused for descriptiveness in one country, the practical approach before filing elsewhere is to assess both the specific country's known standards and the inherent distinctiveness of the mark. A trademark attorney experienced in the target jurisdiction can give a realistic view of the likely outcome before you commit to filing.
Is it better to register trademarks in more countries at once or could this be done in a staged way?
In which countries should I register the trademark to sell globally?
Should I get a trademark when my business expands to a new country?
Do I need to get a trademark in China if I export my products from there?
If I register a trademark in the US, can I still sell my products in the UK with the US trademark?
Does the cost of trademark registration vary between countries?
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