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Shall I still register my trademark despite the high risk of refusal?

Senior Trademark Attorney

It depends on the source of the risk.

If the risk comes from a similarity conflict with an earlier registered mark, the practical question is how direct the overlap is and how likely the owner is to oppose. A direct conflict in the same class is likely to result in opposition costs that exceed what it would have cost to adjust the mark before filing. A marginal similarity in a different class may be an acceptable risk.

If the risk comes from descriptiveness, filing on a weak mark is unlikely to produce a useful registration. The examiner will refuse it, and overcoming that through an appeal is expensive with uncertain outcome. Adjusting the mark to improve distinctiveness before filing is the more reliable path.

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Stories of our clients: ShyneDurags

“Our continual drive for excellence made us the best selling durag brand in the UK. Last year, we began trading on Amazon and found the marketplace to have a handful of rogue sellers who attempted to tarnish others’ brand reputation. This issue was quickly dealt with after trademark certifications were provided to Amazon.” Read the full story of Alvin Mills, the founder of ShyneDurags, who continues in his goal to create the #1 online destination for afro hair care.