My trademark was flagged as high risk - should I still proceed with the registration process?

Photo of Igor Demcak

Written by Igor Demcak

Founder & Trademark Attorney

A high-risk assessment typically means the mark has either a distinctiveness issue (it is descriptive or generic) or a similarity conflict with an existing registered trademark. Both increase the probability of an examiner refusal or a third-party opposition.

Depending on your risk tolerance, you can proceed to registration with a high-risk assessment. However, you should keep in mind that office actions, opposition proceedings, and potential refusals are more likely. The appropriate course depends on how significant the specific risk is and how important the mark is to the business.

Get a professional risk assessment before deciding; free lawyer's check with Trama.

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