A trademark application can face an objection during examination. The first step is to understand the ground raised and respond to the specific issue rather than treating every objection in the same way.
A mark may be refused if it is not capable of distinguishing one undertaking from another, is devoid of distinctive character, is descriptive, has become customary, or falls within other prohibited grounds set out in section 23.
A mark may be refused where it is identical or similar to an earlier trademark and the goods or services are identical or similar in circumstances that create the relevant statutory conflict or likelihood of confusion.
The response should be based on the actual ground raised, the wording of the application, the mark, the relevant goods or services and the supporting facts. Some matters may require clarification, limitation, submissions or other appropriate procedural steps.
No. Different refusal grounds require different analysis and responses.
Yes. Section 23 includes marks that are devoid of distinctive character or consist exclusively of descriptive indications among the absolute grounds for refusal.
Every trademark matter depends on the mark, goods or services, ownership and surrounding facts. Speak to OCTIP for a practical assessment of your situation.
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