You may have worked very hard on your initial trademark application. So this is why you may be severely disappointed when, after waiting 12 to 18 months to hear back from the United States Patent and Trademark Office (USPTO), you ultimately learn that your petition got rejected. Along with these feelings of disappointment, you may feel confused; not to mention desperate to figure out how to get a second chance, if possible. Well, continue reading to learn what to do if your trademark application gets denied and how an experienced New Jersey trademark lawyer at The Ingber Law Firm can help you get the protection you need.
Under what circumstances would my trademark application get rejected?
You may have filled out your initial trademark application fully and accurately. So its ultimate rejection may not be so much about what you wrote in this application but more about your proposed trademark itself. More specific examples of how this may come about are as follows:
- The USPTO may find your proposed trademark too similar to one already registered in their system.
- The USPTO may find your proposed trademark merely descriptive and not distinctive enough to qualify for protection.
- The USPTO may find your proposed trademark too generic or made generic over time and ineligible for protection.
What steps should I take if my trademark application is denied?
You must learn from the mistakes you made with your initial trademark application to strengthen your chances of approval upon your second attempt. Sometimes, this may mean starting your proposed trademark idea from square one. But all this additional effort may be worth it if it means securing a legitimate spot in the marketplace for your product or service.
With that being said, you must address your application getting rejected head-on. First, this may entail closely reviewing the Office Action Letter you received from the USPTO informing you of the reasons for the denial. From here, you may file a Response to the Office Action. With this response, you may provide additional evidence that supplements your petition and possibly extinguishes any concerns the USPTO shared with you.
Or, if you find the USPTO’s concerns valid, you may sooner consider amending your trademark application. This may involve making your trademark more distinguishable from a previously registered mark, less descriptive, less generic, or otherwise. But if the USPTO still refuses your petition after this, you may receive a Final Office Action. At this point, you may opt for an appeal with the Trademark Trial and Appeal Board. This process may definitely call for a legal representative.
To learn more about how to handle your trademark application, please get in touch with a skilled Essex County, New Jersey intellectual property lawyer from The Ingber Law Firm. Better yet, schedule your free initial consultation with our firm today.
