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Is it worth registering a trademark with a high chance of rejection?

Founder & Trademark Attorney

Rarely, unless there is a specific reason to establish the filing date even in the expectation of a difficult examination.

For most applicants, a high probability of rejection means the money spent on filing fees and legal costs is likely to be lost. The more productive use of that budget is addressing the underlying issue: improving distinctiveness, adjusting the mark, narrowing the goods and services list, or negotiating a co-existence arrangement with the conflicting mark's owner before filing.

There are limited cases where filing despite likely rejection makes sense; for example, to preserve a priority date while the application outcome is appealed, or where the examiner's grounds are contestable. These are judgment calls that benefit from professional advice specific to the situation.

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