Shall I still register my trademark despite the high risk of refusal?

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Written by Tomas Orsula

Senior Trademark Attorney

The decision to proceed with trademark registration despite the high risk of refusal is ultimately up to you. It will depend on factors such as the importance of the mark to your brand, your risk tolerance, and why you anticipate the refusal in the first place.

If the risk is high due to a lack of distinctiveness, we would advise against proceeding. In this case, it's often better to change the mark, such as by adding/changing the visual elements to increase its distinctiveness. You can read our tips on increasing the distinctiveness of your mark in this article.

If the risk of refusal comes from the mark being similar to an already registered trademark, the same strategy can be deployed. Other options include limiting the scope of goods or services in the application or proceeding with the application if you believe the perceived similarity between the two marks can be challenged.

It's important to realize that you will lose all fees if your application gets dismissed. Therefore, it's essential to consider the potential advantages of trademark registration and weigh them against the risk of refusal. A part of this comparison includes knowing the nature of the risk, which is where guidance from a trademark attorney or an intellectual property professional can help you. Your representative can assess the registrability of your mark, navigate potential obstacles, and help you develop a stronger application.

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