Upon filing a trademark application, it will undergo both formality and substantive examination. Upon passing the formality examination, the application will proceed to substantive examination. At this stage, the application may be provisionally refused on two primary grounds namely absolute grounds for refusal pursuant to Section 23 of the Trademarks Act 2019 and relative grounds for refusal pursuant to Section 24 of the Trademarks Act 2019. Absolute grounds relate to the inherent registrability of the trademark including but not limited to whether the trademark is capable of distinguishing, descriptive of the kind, quality, intended purpose, or characteristic of the goods or services, or customary in the current language of the territory. Relative grounds concern conflicts with earlier rights whether the trademark is identical with or confusingly similar to an earlier trademark or rights.

Upon notification by the Registrar, the applicant is typically given a period of two (2) months to respond to the provisional refusal. The applicant may respond either by way of written submissions or ex-parte hearing. In both instances, written submissions will be prepared to set out the relevant legal arguments supported by statutory declarations and evidence of use.

We will accordingly prepare and file comprehensive written submissions, statutory declarations, and supporting evidence in support of your application. Throughout the process, we take into careful consideration your brand concept, market positioning, and long-term objectives in order to formulate practical and strategic approaches towards overcoming any refusal.