Join Dana Robinson for an in-depth discussion in this video Responding to a refusal for trademark, part of Understanding Trademarks: A Deeper Dive.
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- You have a pretty good chance that your trademark…will receive, at least, an initial refusal.…We call this an office action.…Office actions come from an examining attorney…at the trademark office.…They review your trademark application for formal…and informal requirements.…They often issue a refusal that you will have to respond to.…There are many reasons that you can get…an initial refusal.…Some reasons are easy to resolve, and can even be resolved…with a call to the examining attorney,…but when the refusal is something substantive,…you'll need to make an argument or hire an attorney.…
As far as easy issues, these are things like…translating a foreign word, describing a logo,…or disclaiming a descriptive word in the mark.…If our mark is Hansel and Petal Flowers,…then we would need to disclaim the right…to use flowers, apart from the whole mark.…However, you may also receive a substantive rejection.…In the event you receive a substantive refusal,…you can certainly make your own arguments, but it…is also where a good trademark attorney…
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