VERSION REPRO OP SUBS ART PRODUCTION CLIENT
MEET MADRID’S MOST REFUSED What’s behind the high rate of rejection for UK Madrid users filing overseas?
A
ssessing the distinctiveness of trade marks can be a subjective and imprecise process, particularly in the context of global screenings. What passes for distinctive in one country 22 | ANALYSIS
BLACK YELLOW MAGENTA CYAN
may fail in another. Local practices can vary significantly. Applicants from the US often believe that their marks are treated most harshly on distinctiveness grounds in other countries. US counsel also believe that overseas applicants to the US benefit from a less restrictive distinctiveness standard. It is likely that numerous
UK applicants and their counsel have similar viewpoints. To date, this has been a question answered only with anecdotes and war stories. However, new information available from Trademarks OnPoint provides actual insights into whether these suspicions are valid. Trademarks OnPoint has developed a Global Trademark Distinctiveness database that categorises refusals issued to Madrid Protocol extensions. Refusals based on absolute July/August 2021 citma.org.uk
