Trademark Rejected? Timing, Evidence and Strategy for Review
Published 11/06/2026 · views
Rejection is not the end. Understanding the rejection type, catching the 15-day window, and preparing targeted evidence are what determine success.
1. Identify the type of rejection
The rejection notice will cite the earlier mark and the applicable article. Two common types: relative grounds (prior similar mark, Article 30) and absolute grounds (lack of distinctiveness or prohibited elements, Articles 10 and 11).
2. The deadline
A review application must be filed within 15 days from receipt of the rejection notice. Missing it means abandonment of the application.
3. Three lines of defence on relative grounds
- No similarity: argue differences in wording, pronunciation, meaning and overall visual impression.
- Goods not similar: argue differences in function, purpose, sales channels and consumers.
- Status of the cited mark: if the cited mark has been cancelled for non-use, invalidated or has expired, submitting proof dramatically improves the odds.
4. Defending absolute grounds
Submit evidence of acquired distinctiveness through use: sales data, advertising spend, media coverage, market share and awards, spanning time and geography.