What are non-substantive reasons for trademark dismissal?

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

Non-substantive reasons for trademark dismissal include formal and administrative issues with the application, such as:

  • Missing or incorrect intended owner details
  • Missing or inaccurate legal entity of the owner
  • Missing payment
  • Improper specimen of use
  • Missing or incorrect domicile address
  • Missing trademark disclaimer stating you don't claim usage of a descriptive term encompassed within your mark
  • etc.

Non-substantive office actions are generally easier to overcome than substantive ones. If you are using the help of a trademark attorney to deal with your office action, the total price for their services will usually be lower as they won't need to invest time into, for example, writing complex legal arguments to defend your trademark.

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