Trademark Examination

Key Stages of Trademark Examination

1. Formal Examination:

• Basic Checks: The initial stage involves verifying whether the application is complete, the prescribed fees have been paid, and the necessary documents are attached.

• Power of Attorney: The Power of Attorney (PoA) authorizing a trademark agent to represent the applicant is scrutinized.

2. Substantive Examination:

• Absolute Grounds: The trademark is assessed against absolute grounds of refusal, such as:

  • Immorality or Scandalousness

  • Deceptive or Misleading Nature

  • Descriptive or Generic Terms

  • Geographical Indications

• Relative Grounds: The trademark is compared with existing registered trademarks to determine potential conflicts based on similarity in appearance, sound, or meaning.

Common Objections and How to Address Them 

During the examination process, the Trademark Registry may raise objections. Some common objections include:

• Lack of Distinctiveness: If the trademark is considered too generic or descriptive.

• Similarity to Existing Trademarks: If the trademark is too similar to an existing registered trademark.

• Technical Defects: If there are errors or inconsistencies in the application.

To address these objections, you can:

• Submit Evidence: Provide evidence to support the distinctiveness or non-similarity of your trademark.

• Amend the Application: Modify the trademark or the goods/services covered by the application.

• File a Counter-Statement: Present arguments and evidence to refute the examiner's objections.

It is crucial to respond to any objections within the specified timeframe. Failure to do so may result in the abandonment of the application. 

Post-Examination Process

If the trademark clears the examination stage without objections, it proceeds to the publication stage. The trademark is published in the Trademark Journal to allow third parties to oppose the registration. If no opposition is filed, the trademark is finally registered.