What if my search is unsuccessful
If we carry out a trade mark search and advice report and the results are negative you may feel that is the end of the process for you. You may be disappointed that your chosen brand is not registrable or is not available.
However the positive way to view this is that the trade mark search has probably saved you a considerable amount of money as you have not applied for a ‘doomed’ trade mark.
If your heart is set on a particular mark that has risks attached then we may be able to improve its chances. We have worked on many cases that were initially rejected. We have submitted written observations to the relevant Intellectual Property Offices, resulting in the objections being overturned. Each case is viewed in its own right and we advise on an individual basis. Please note that if we do have to submit written observations after an application has been rejected extra fees will be incurred.
It may be that your original mark just needs ‘tweaking’. Often a simple adjustment to your mark is all it takes. For example if I wanted to open an online sweetshop called ‘sweetshop online’, this is going to be rejected as it is descriptive of its services offered. If instead I call it ‘JC’s Sweetshop Online’ it will probably be accepted as JC’s has given it the required distinctive element that is required by trade mark law.
We are happy to discuss this with you through our free aftercare trade mark report service. If you have multiple alternative suggestions that you want to try out let us know and we will offer you a discount.