Trademark registration refused? What a business should do

A refusal to register a trademark often occurs due to errors in the application, incorrectly chosen Nice classes, the weak distinctiveness of the mark, or similarity to already registered trademarks.

The main possible grounds for refusal are related to the requirements of the Law of the Republic of Kazakhstan 'On Trademarks, Service Marks, Geographical Indications and Appellations of Origin of Goods', including absolute and other grounds for refusal.

Common reasons for refusal

• An incomplete or incorrect set of documents
• The mark lacks distinctiveness
• The name describes the product or service
• There is similarity to the point of confusion with another mark
• The mark may mislead consumers
• Prohibited or protected elements are used

What to do after a refusal

• Study the conclusion of the examining body
• Conduct a legal analysis
• Compare the marks
• Assess the prospects of an objection
• Prepare arguments
• File an objection within the established deadline if necessary

How ARBIS helps

• Analyzes the reasons for refusal
• Prepares a protection strategy
• Supports the filing of an objection
• Helps obtain the rights holder's consent where applicable
• Reduces the risk of repeated refusal