Can a trade mark registration be rejected?
There are several reasons why the Trade Mark Registry might reject your trade mark application. We have set out some of the reasons below, but we can provide advice and assistance before making an application if you are unsure. We can provide either an initial assessment or comprehensive advice, depending on your requirements.
Why might a trade mark be rejected?
Too descriptive
For example, an application to register NUTTY for nuts is likely to be rejected. You can sometimes avoid this problem by adding something non-descriptive, such as a logo or distinctive typeface, before filing your application.
Deceptive of the product/service applied for
For example, an application for GOLDiful for a plastic jewellery brand is likely to be rejected because people would think that the jewellery was made of gold.
A banned type of trade mark
This typically means names relating to the British royal family or state emblems like flags aren’t allowed.
Offensive
This is where your brand includes pornographic words or images or suggests something illegal.
What happens if a trade mark is rejected?
If the Registry rejects your trade mark application for any of these reasons, they will not provide you with a refund on your application fee.
If your trade mark application is rejected, we will advise as to whether we can persuade the Registry to reconsider the application or whether you should abandon the application. If your application fails on this basis, we will waive our fee on your next application when you file a new application within 30 days.
Get an initial assessment from our experienced team
To give your application the best chance of success, we can provide you with an initial assessment for a small fee.