Trademark Registration Criteria

Trademark application examination criteria

Trademark registration protects a business's name, logo, or products under the Industrial Property Code. The process applies specific trademark registration criteria. Applications have to meet these criteria to be registrable.

For both domestic and international registration applications, our team guides you and helps set the right strategy. Our trademark search services make it easy to find out whether your mark is registrable.

Distinctiveness from others

The mark you apply to register has to differ from existing marks and applications. Originality means the mark used on a product is not identical or similar to the closest mark, particularly in the same sector. In short, the mark has to stand out clearly from other marks.

Distinctive character

The mark has to be associable with your products or services in consumers' minds. When people see the mark, they should be able to identify which business or product it belongs to. The mark needs to be memorable and recognizable.

Legal acceptability

A trademark application has to comply with social norms and legal rules. For example, it cannot contain expressions that are immoral, degrading, or harmful to public health. Marks containing such elements cannot be registered.

Category fit

The mark you apply to register has to match the definition of your products or services. The mark has to be described in a way that fits the application category, ensuring correct classification and protection in the right category.

Legal obstacles

To avoid rejection, you must not file for a mark that is similar or identical to one already owned by another party. Doing a trademark search to check for similar marks and identify potential conflicts is important.

Commercial use

When filing an application, it is important to show the mark is in commercial use or intended for use. Some countries require documentation of commercial use or intent. That demonstrates the mark will actually be used and is not being filed only for the sake of registration.

Broad coverage

When filing, aim for coverage as broad as possible. Protect your mark not only for specific products or services but generally within the relevant category. That also protects your mark as your business grows and expands into different product or service areas.

Correct classification

When filing, aim for coverage as broad as possible. Protect your mark not only for specific goods or services but across all classes within the relevant category. That also protects your mark as your business grows and expands into different product or service areas.

Good-faith principle

Public notice

Continuity

Compliance

The sign applied for registration has to comply with laws and regulations. Prohibited or restricted expressions, symbols, or content cannot be registered. Racist or demeaning expressions, expressions that could disrupt public order, and state symbols cannot be registered.

Character as a trade sign

The sign applied for registration has to have the character of a trade sign, meaning it has to indicate the commercial source of a product or service. A sign that plays only a decorative or descriptive role cannot be registered.

Signs that have entered public domain

The sign must not be functional

International registration standards

International standards and agreements also apply to trademark registration. Specific criteria and requirements apply for marks looking to join the Madrid Protocol or the European Union trademark registration system, for example.

Grounds for refusal

Each country's trademark office evaluates applications against specific grounds for refusal. These include the existence of similar marks, the expression having a generic or descriptive character, and the use of signs in the public domain, among other factors.

Making the right strategic decisions to protect your mark and stand out in competition is vital to the sustainability of your business. Sistem Patent’s expert team guides you along the way. Rely on us to register your mark both domestically and internationally.