Trademark Review Rule
Trademark review is the process of determining if a proposed trademark meets the requirements to be registered with a national or international trademark office. A trademark reviewer must consider certain criteria set forth in national or international trademark legislation when making a trademark registration decision. This article will look at the trademark review process, the criteria for determining registrability, and the consequences of an improper trademark review.
The trademark review process usually starts with an application for registration with a national or international trademark office. The application is reviewed for completeness and accuracy before it is accepted for review. The application must include a valid identification of the mark and a stated interest in the mark by the applicant. Once the application is accepted, the trademark office will conduct a review to determine if the proposed mark qualifies for registration.
The criteria for determining registrability include: a) the mark is not confusingly similar to another existing mark; b) the mark is not merely descriptive or generic; c) the mark is not primarily merely a surname; and d) the mark is not in violation of any existing trademark laws or regulations.
The trademark reviewer must evaluate the mark against the above criteria to determine if the proposed mark meets the requirements for registration. The trademark office may also conduct a likelihood of confusion analysis before deciding. This analysis is used to determine if the proposed mark is similar enough to an existing mark that consumers may be confused as to the source of the goods or services.
The consequences of an improper trademark review can be serious. If a registration is granted without proper consideration of the criteria for determining registrability, the registration may be later challenged or cancelled. This can result in costly legal proceedings and potential rebranding expenses for the applicant. The applicant may also face serious sanctions from the relevant trademark office or international treaty enforcement body.
In summary, trademark review requires careful study of the criteria for determining registrability, proper assessment of the proposed mark, and a strong likelihood of confusion analysis. Properly conducted, the review process can result in a successful registration that protects the rights of the mark owner. Improperly conducted, the consequences can be costly and irreversible.
