According to the United States Patent and Trademark Office (USPTO), most applications for trademarks are successful. However, around 1-in-5 trademark applications get rejected annually.
For those who spend significant time and resources applying for a trademark, that rejection ratio may seem shocking. Applicants must engage in a trademark search, clearance, and extensive paperwork.
Below, we will discuss two of the most common reasons for trademark rejections.
Probability of Confusion
The likelihood of confusion may arise if your mark is not totally unique. Could your trademark be easily conflated with something else? If so, USPTO may reject your application.
When you apply, a USPTO examining attorney will consider your proposed trademark. They will decide if your mark is too similar to another mark. There is no single or absolute standard for determining that a proposed trademark presents a likelihood of confusion.
If the color scheme, text, or other aesthetic choice is overly similar to an established mark, be prepared for rejection. Rejections are not final. You can defend your application through the appeals process.
Use of Surnames
Using a surname in your trademark is not a guarantee of rejection. Still, the USPTO policy regarding surnames is complex. While you can use a surname, the name cannot be the “primary significance” attributed to your trademark. In other words, you cannot trademark the name of a family or lineage. This is a reasonable policy because the names of private citizens should not be subject to IP laws.
There is an exception to this rule, however. If you have already built a particular surname into a recognizable brand, your application will probably be accepted. That is because established brands are primarily associated with their products rather than the name itself.
Take Action by Contacting an Experienced Trademark Attorney in Los Angeles Today
If you want to avoid trademark rejection, it is imperative to contact a legal professional. There is tremendous value in completing a trademark assignment the right way and in your best interest to retain the services of an experienced and knowledgeable trademark attorney in Los Angeles such as the professionals at the Omni Legal Group. Omni Legal Group is a premier Patent, Trademark, and Copyright law firm located in Los Angeles. For further information or to schedule a consultation please contact Omni Legal Group at 855.433.2226 or visit www.OmniLegalGroup.com to learn more.