In a previous discussion, we explored the reasons that can lead to the refusal of a trademark application by the registrar. However, it’s important to note that receiving a rejection does not automatically mean that the trademark will be considered abandoned. Now, let’s delve into the steps you can take if your trademark registration encounters a rejection, ensuring that the process can continue smoothly.
- Order to Amend Trademark Registrations: If you receive an order to amend the list of trademark registrations, it is crucial to comply with the registrar’s instructions. These orders typically involve minor edits, such as correcting inaccuracies in the product list or disclaiming exclusive rights to certain elements of the trademark. By following the registrar’s guidance, your trademark can still proceed towards successful registration.
- Order of Rejection: In the event that you receive an order stating that your trademark has been rejected due to reasons such as lacking distinctive characteristics, prohibited characteristics, or being identical or similar to a trademark already registered by another individual, it is important to take action if you wish to prevent immediate abandonment of your trademark. According to Section 18 of the Trademark Act, you have the right to appeal this order to the Trademark Board within sixty days of receiving the registrar’s notification. The decisions made by the Trademark Board are final.
Submitting an appeal will place your trademark in a suspended status, awaiting the decision of the Trademark Board. This provides you with an opportunity to present reasons, arguments, evidence, and facts to counter the registrar’s order and potentially overturn the rejection. It’s worth noting that many trademarks have been successfully registered after the appeal process. Therefore, it is crucial to persist and not allow the application to be canceled without giving it your best effort.
Reference: Trademark Act B.E. 2534 and its amendments.
: TH edition https://idgthailand.com/trademark-rejected2-2/