Is a trademark specimen refusal hard to overcome?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

The difficulty of overcoming a trademark specimen refusal depends on the exact reason for dismissal and your ability to produce a new specimen.

For example, if your specimen has been refused as illegible, all you have to do is submit a clearer/sufficiently large file.

On the other hand, if the specimen has received an ornamental refusal, meaning the examiner considers your mark merely a decorative feature of the goods and not a trademark, it might be hard to overcome the refusal.

If you are not sure how to interpret the specimen refusal, a trademark attorney will be able to explain the office action and your chances to you.

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