Whether you have already selected your trademark or are in the process of choosing one, you should be aware that not all marks are registrable. Even if you have searched the records of the Trademark Office for conflicting marks, a mark may still be refused for registration because it is not 'distinctive'. What determines distinctiveness is whether a consumer would be able to identify you as the producer of the goods or services, something unique enough and is not merely a description of some characteristic for feature of the goods or services.

For example, the word 'apple' as a mark for fruits including apple may not be registrable in many countries. It will not be regarded as distinctive or unique enough, as it merely describes the goods. On the other hand, if the same word 'apple' is used for computer applications it would be registrable, as the mark does not merely describe the goods it is used for.

Whether a mark is distinctive can be a close call. How would you know whether your mark would be registrable? That is why we offer preliminary advice, free of charge. The members of kaizen can give you an idea as to what marks you can be registered in a country of your choice and what you cannot. This will save you cost and time, as there is little point in trying to register a mark that may be inherently unregistrable.

This service has absolutely no cost to you. Please click here and give us your ideas and we will come back to you on what is feasible.