How to Overcome Trademark Application Refusal?
Ebizfiling
1. Prove Acquired Distinctiveness
Show your descriptive mark is uniquely recognized as your brand by consumers.
2. Claim Secondary Meaning
Argue your mark now identifies your brand, not just a product trait.
3. Provide Evidence of Long-Term Use
Submit proof of continuous, extensive use to show market presence.
4. Modify the Trademark
Add unique words, symbols, or designs to make your mark distinctive.
5. Submit a Disclaimer
Agree not to claim exclusive rights over the descriptive part of your mark.
6. Argue Non-Exclusivity of Descriptiveness
Contend your mark isn't only descriptive, or has other meanings.
7. File an Appeal
Formally challenge the trademark refusal decision with new arguments/evidence.
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