On what basis Trademark registration can be rejected?

Posted by Cynthia Jasline
2
Feb 17, 2016
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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.

-          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.

-          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.

-          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.

-          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.

-          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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