On what basis Trademark registration can be rejected?
While
applying for trademark, one has to think over it several times. Although
selection of the trademark is your choice but it has to abide all the rules and
regulations set by the Government trademark agency in your country. In case,
you wish to apply for the same, trademark
lawyers in Ecuador can help in understanding the guidelines for
application. The worst part is when after working hard for long time the
trademark registration is rejected. You need to understand the basis on which
it might happen.
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Generic
terms as trademark: It might look like a very good idea too you but most of the
generic terms are rejected. If you are planning to sell beds or chairs with
beds and chair as your trademark, it will be rejected.
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Descriptive
terms as trademark: You want to sell saltines and salty as your trademark, in
this condition, it will be rejected. It is not a fair means of practice to give
one seller the exclusive rights to use a particular word while others are there
in the same business. However, you can use the term along with any other word
or sign making it an exclusive term relatable to your product.
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Misleading
terms as trademark: Trademark that might seem deceptive to the customers is
rejected if they seem to be misleading the customers on the basis of origin,
quality or type of product. If you are selling a synthetic flavoured product as
natural with trademark of Nature or Trees, there is a chance that it will be
rejected.
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Anything
against public morality: If you are using any religious symbol or something
that might hurt public sentiments in general as trademark might be rejected.
You have to be very careful in selecting the general marks and labels as
trademark even if you wish to. Try to modify it according to the tips of trademark attorneys in
Ecuador to avoid this.
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National
symbols or armorial symbols as trademark: Flags, Army or military symbols or
anything that represents or resembles closely to any emblem used by national or
international agencies cannot be used as trademark symbol or sign. Even if you
are ex military man or decorated veteran war hero, the law does not allow it.
Make a
final print of your trademark as per the guidelines of trademark lawyers. You
need to think of every possible issue that might lead to the rejection of your
trademark registration before filing for the application. Contact an attorney
experienced in this field now for further guidance.
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