Creating a Trademark: its Complicated Procedures and Alternatives

IN ir verslo teisė | IP and Business Law

Violeta Sutkienė, associated partner, head of trademark and design division at METIDA, Aivija Žilionė, trademark and design consultant at METIDA.

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Attractive trademark’s name or logo is not the only key to trademark’s success. Its protection may as well require a lot of time and money. It has never been more difficult to successfully register a trademark by avoiding examiners’ rejection and opposition of earlier trademark’s proprietor.

Firstly, you may face difficulties registering generic words or phrases that describe goods or services and are used in the trademarks. Also, it has been observed that applications are often filed for trademarks characterizing goods or services. This trend looks quite strange, since these trademarks are not distinctive enough and can only have a low level of legal protection. Despite the fact that registration of these trademarks are often rejected, applicants have failed learning from the previous mistakes and often attempt to…

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