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Trademark: my application was objected to or opposed. What now?
Trade mark deadlines are short. An examination report and a notice of opposition follow different rules - work out which one you have first.
An examination report from the Trade Marks RegistryYesThe mark is descriptive or not distinctive (section 9)← back a step
Answer the distinctiveness objection with argument and evidence.
Moderate complexity - several routes or missing facts
- Explain why the mark, taken as a whole, is not merely descriptive of your goods or services.
- If the mark has been used, file evidence of acquired distinctiveness - sales, advertising, dates, geography (proviso to section 9(1)).
- If the reply does not satisfy the examiner, or you ask for one, a hearing is held (Rule 33(6)).
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Not sure whether this applies to your invention?
The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.