Absolute grounds for refusal
These are reasons why a mark cannot be registered under any circumstances.
1. Lack of distinctiveness
A mark must allow the consumer to distinguish the goods of one manufacturer from those of another. The following cannot be registered:
- Simple geometric shapes (circle, square)
- Individual letters and digits without graphic treatment
- Commonly accepted symbols and terms
2. Descriptive designations
You cannot register words that simply describe the goods or their properties:
- "Tasty" for food products
- "Fast" for courier services
- "Quality" for any goods
Tip: Add an original element to a descriptive word — a logo, unusual spelling, or an additional word.
3. Generic terms
Words that have come into common use to designate goods of a particular kind (for example, "Aspirin" was once a trademark).
4. Indication of the kind, properties, or origin of the goods
For example:
- "Milk" for dairy products
- "Cotton" for textiles
- "Sochi" for mineral water
5. False or misleading marks
Marks that may deceive the consumer as to the goods or their manufacturer:
- "Swiss watches" for watches made in China
- "Natural" for a synthetic product
Relative grounds for refusal
These relate to the rights of third parties.
1. Similarity to registered marks
The most common reason for refusal. Similarity is assessed in terms of:
- Phonetics — how it sounds when pronounced
- Graphics — how it looks visually
- Semantics — what it means
2. Similarity to applications with an earlier priority
Even if a mark has not yet been registered, if its application was filed before yours, this can become a ground for refusal.
3. Infringement of rights to a company name
If a company uses the name in its commercial activities before your application.
How to avoid refusal
- Conduct a full search before filing the application
- Create a distinctive designation — avoid descriptive words
- Add graphic elements — a logo strengthens distinctiveness
- Consult a specialist — a professional assessment reduces the risks