If your trademark was rejected, you may still have options. The next steps may include:
Request for Reconsideration
You can file a request for reconsideration after the final office action to the Examiner themselves. That essentially means that the Examiner will take one final look at the application, taking into consideration any new evidence you submit, and determine if there are any new legal grounds for moving the application forward.
If you’ve already exhausted the request for reconsideration, you can appeal the rejection to the Trademark Trial and Appeals Board, which is the appellate body above the Examiner. This is very simlar to an appeal process in traditional litigation: The Board (similar to a supreme court) reviews the Examiner’s decision from scratch to see if the correct determination was made.
If your trademark application was refused because of a likelihood of confusion conflict, you can reach out to them and attempt to purchase, license, or negotiate some type of permission to use that trademark. This option can be expensive depending on the length of negotiations and the party with whom you’re negotiating.
The final option is conducting a conflict search to make sure that there’s low risk of conflict or other rejection for the new brand, and then rebranding and refiling. This is usually a good path to take if you don’t want to put more of your money at risk; it gives your business brand a fresh start, though the lost costs from the old brand can be frustrating.
Learn More About Trademark Law
If you are applying for a trademark, ensure you’re on the right path with the attorneys at Daniel Ross & Associates. To schedule a free consultation to discuss how your trademark needs, please call (216) 307-5590, or get in touch using our online intake form.
All the best,