TRADE MARK OBJECTIONS

Respond to Trade Mark Office Actions

2/3 of trade mark applications face objections from the Examiner. Don’t panic! We have substantial experience with advising on how to overcome the objections.

What are Office Actions?

Office Actions mean the trade mark application is not currently in line with trade mark law. The Examiner will give reasons in their letter detailing why the trade mark was not registrable. There is a chance for us to overcome this objection including but not limited to filing a response arguing that the trade mark application is able to be registered. 

Common Objections

Specification of goods and services

For example, the wording in the specification of the trade mark application was vague.

Absolute Ground
Trade mark application is non-distinctive and/or descriptive in respect of the goods and/or services claimed
Relative Ground

Trade mark application may lead the public to be confused in relation to other earlier trade marks. Application is identical or similar to a prior trade mark application and/or registration in respect of identical or similar goods and/or services, and there is a likelihood of confusion.

Trade mark is deceptive

Use of the trade mark for the goods or services claimed may deceive the public.

Other objections

There are also other objections which are not listed. We are happy to discuss your trade mark application with you and suggest any solutions as well as the chances of success.

Solutions

01.

Review the Office Action

02.

Provide possible solutions

03.

Advise on Chance of success

Need A Preliminary Review?