What Should I Do If My Trademark Application Is Denied?

Options To Consider If Your Trademark Application Has Been Refused

You and your employees have spent tremendous amounts of time and energy developing your business, and you want to ensure that no one else can claim your work as their own. Whether it’s your business name, logo, or motto, you need a trademark to protect the identity of your business. When your trademark is approved, you’ll have an added layer of security from the United State Patent and Trademark Office (USPTO). But if your application has been rejected, you might be wondering what to do next. That’s when it’s time to get in touch with an experienced Arizona trademark attorney who can provide guidance on your options and help you understand what steps to take next.

What Does Trademark Registration Actually Mean?

When you register a mark with the USPTO, you receive a statutory right of notice, which means that you have federal protection to reserve your name, logo, or phrase for your business. Your commercial identity and brand is protected, which can prevent others from using a name or logo that is “confusingly similar” to your own.

Registering a trademark also means that this information is publicly available to others. If you need to file a lawsuit against another person or company for infringing on your trademarked intellectual property, you’ll have an edge in court for the protection of your trademarked information. Registering with the USPTO enables you and your attorney to prove that other businesses had the ability to know that your mark or name was already in use. The defendant cannot feign innocence in the case.

My Trademark Application Was Denied. What Do I Do Next?

Trademark applications are a complex process, and there may be many reasons why your application was denied. Your best option is to consult with an experienced Arizona trademark attorney who can examine the situation, determine the cause of denial by UPSTO, and provide guidance on what to do next.

If your trademark application has been denied, you have several options:

Withdraw Your Application

Your first option is to abandon the process by withdrawing your application. If you allow your application to lapse, it will be considered abandoned and the trademark application process will be over. This is the simplest and least expensive way to move forward. You won’t need to pay any legal fees or try to make an appeal. However, this choice also means that your intellectual property is unprotected and could be used by someone else.

Submit a New Application

Another option is to make some changes to your business name, logo, or motto in consultation with your Arizona trademark attorney, and then apply for a trademark with the new information. This can be complicated for your business. If your new trademark application is approved, you may need to rebrand your business, make changes to your business structure, file additional documentation with your state’s Secretary of State, update your company’s logo, and more. However, for some businesses, making changes and submitting a new application for a different name or logo may be the best decision.

Appeal The Decision

If you decide that you want to move forward with the application process and want to attempt again to secure a trademark for your intellectual property, discuss the situation with your Arizona intellectual property lawyer and appeal the decision. If you opt for this route, your application will be sent to the Trademark Trial and Appeal Board. In many cases, the appeals board will defer to the decision already made by the examiner. If that fails, you may be able to appeal to the Federal Court of Appeals, which can be an expensive and time consuming process. But for some businesses, the expense and time may be worthwhile.

Expand Your Business

Another option that may work for some is to expand your business across state lines so that you can file your trademark in another state. This can be a large risk and should only be done after extensive consultation with your Arizona business attorney. However, because each state has its own application rules, expanding to another state may be a way to successfully secure your desired trademark. On the downside, it can take a long time for the USPTO to respond to your new application and there is no guarantee that this approach will be successful. However, if you do succeed, you will attain trademark protection without the time and cost of a lawsuit in the Federal Court of Appeals.

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Brad Denton – Denton Peterson Dunn