Should I proceed with trademark registration if my mark has a high chance of refusal?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

The final decision on whether to proceed with trademark registration will always be up to the client. Even if you seek professional legal opinion, you will ultimately be the one undergoing the risk, and no one can make that decision for you.

However, if the high risk of refusal is due to low distinctiveness, it is rather inadvisable to file for registration. In this case, it is probably better to add a distinctive element to the mark or register it as a logo trademark instead of a wordmark. If your figurative mark (logo) also has a high chance of refusal, it is recommended to change it or add other graphic elements that can increase its distinctiveness.

If the risk is high due to other reasons, such as the existence of a similar already registered trademark, you can also think about how to partially change your trademark to increase your chances of successful registration.

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