Protection obstacles

Obstacles to protection are reasons that prevent the registration of a trademark application. After the application is filed, the Trademark Office examines whether there are any obstacles to protection. If there are any obstacles to protection or if same remain after counter-arguments have been filed, the application is rejected. The most common objection to trademark applications is that the trademark is descriptive of goods/services or will not be understood as an indication of origin for other reasons.

Advice for use in practice: When examining possible obstacles to protection, a large number of statutory provisions and the case-law of the courts must be taken into account. Get specific advice from a specialized lawyer to reduce the risk of refusal of your trademark.