Written by Jan Buza
Co-founder of Trama
This is a very complex issue that varies from case to case. In general, to minimise the risk of refusal, it is certainly worth looking into the distinctiveness of your mark and searching existing marks whose owners could oppose your application. Trama offers both of these checks in its free lawyer's check.
Other general advice might include opting for a logo trademark instead of a wordmark, as a logo with multiple distinct elements is more likely to go through. Figurative marks are generally easier to distinguish than wordmarks, mainly due to the limited number of words and their combinations that are becoming more and more numerous in trademark registries.
Also, always make sure that you avoid using prohibited elements such as flags, signs, names of the Royal family in the UK, etc. We recommend checking prohibited elements in each jurisdiction individually, as they might differ.
If I apply for a US trademark and there is an objection from the USPTO, what happens next?
What's the difference between registering a trademark through EUIPO and WIPO?
Why do I need to sign the Power of Attorney to register a trademark?
What are the trademark differences between major jurisdictions (UK, US, EU, AU)?
Is there only an electronic certificate, or can I obtain a paper version as well?
Is there an extra fee when filing a trademark on the use-in-commerce basis?
Will obtaining a trademark in one member state allow me to block an EU trademark application?
Our team of experienced trademark attorneys is here to help you! Simply send us an email outlining your request and we'll be happy to assist you.
