How can I adjust my trademark to be able to register it?

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Written by Igor Demcak

Founder & Trademark Attorney

The answer to this question will depend on why your trademark is not registrable. Here are a few commonly suggested fixes:

  • If your brand lacks distinctiveness, for example, the word you want to register is too generic, you might be able to adjust it so that it becomes registrable. You can do so by adding a dominant visual element, such as a logo or an icon, and registering it as a figurative (logo) trademark. However, the visual element must add sufficient uniqueness to the brand name.
  • You can also add another word that will make your original brand name more unique. Imagine you wish to sell a soft drink under the name "Fizzy". Since "Fizzy" describes the particular quality of a drink, the distinctiveness of such a brand name would be very low. To improve this, you can consider something like "Fizzy by Thomas".
  • If your trademark is not registrable because there is an identical brand that prevents you from registering, you might want to consider rebranding.

If you are not sure how to apply these tips to your mark, fill out our free lawyer's check and get personalised recommendations from our lawyers.

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