Trademark rejection is a common link in the process of trademark registration. With the sharp increase of trademark registration, the rate of trademark rejection is also increasing. According to the analysis of insiders, there are three reasons for the rejection of trademarks:

1. Violation of the absolute prohibition clause

, that is, Article 1 of the Trademark Law, the trademark logo itself damages the interests of the public, violates the public order, affects the good customs of the society, and harms national dignity, national unity and religious beliefs.

2. Violating the absolute prohibition clause

is also called the lack of distinctiveness clause, that is, Article 11 of the Trademark Law. The trademark logo itself expresses or describes the name, use and function of a certain kind of goods, which makes it impossible for the relevant public to identify different suppliers, and also makes it impossible for other business entities to use the logo.

Third, the same approximation as the previous trademark

Trademark approximation refers to the existence of a trademark registered or applied for in advance on the same or similar goods. In recent years, the probability of rejection of trademark approximation is getting higher and higher, which is one of the most common phenomena.

the first two points can be effectively avoided with the help of consulting professionals before submitting a trademark application, but the risk of the third point cannot be avoided and can only be reduced as much as possible.

The main reason is that there is a certain "blind search period" in the early stage of trademark registration, and the Trademark Office can't enter all trademark information into the system on the same day, so the inquired data is not comprehensive enough. Therefore, no matter how experienced a trademark registrant is, there is no guarantee that there is a similar trademark.

for the applicant, the best choice is to do a good job of trademark inquiry and then submit an application for trademark registration as soon as possible.

in the process of trademark rejection, there is also an absolute rejection. What is this?

the so-called absolute reason for the rejection of a registered trademark refers to the fact that the application for a registered trademark violates the prohibition of registration in the Trademark Law, or the application for a registered trademark violates the salient conditions stipulated by law, and the Trademark Office rejects it.

then, can the reexamination be successful if the trademark registration is absolutely rejected?

A trademark rejected for absolute reasons is also likely to be re-examined. Your trademark can definitely be re-examined, but whether it can be re-examined depends on the reasons. First, it depends on the reasons for rejection in the notice of trademark rejection, and then it is combined with the use of your company's name.

1. As stipulated in Article 1 of the Trademark Law, the national symbols, names, military symbols, symbols of international organizations, the Red Cross, the Red Crescent and other symbols are ethnically discriminatory, deceptive, harmful to socialist morality and customs, and have the effects of expanding publicity and adverse effects, and the names above the county level and foreign names known to the public;

2. As stipulated in Article 12 of the Trademark Law: the shape that is only produced by the nature of the commodity, the shape of the commodity that is needed to obtain the technical effect or the shape that makes the commodity have substantial value;

3. As stipulated in Article 11 of the Trademark Law, there is only the common name, figure and model of this commodity; Only directly indicating the quality, main raw materials, functions, uses, weight, quantity and other characteristics of a commodity; Lacking recognition significance; However, a trademark that has acquired remarkable features after use and is easy for the public to identify may be registered as a trademark;

4. Article 13 of the Trademark Law stipulates that copying, imitating or translating a well-known trademark that others have applied for registration in China or have not applied for registration and protection in China is easy to mislead others and difficult to identify.

In short, no matter what the reason, if the trademark is rejected, don't give it up completely. There is still hope for the trademark to be redeemed, and you can get another chance through the trademark rejection review. According to statistics, about 35% of the trademarks were obtained after the review from the analysis of past cases of rejection and review. Therefore, even if the trademark is rejected, there is some hope. You can find a professional agency to help you try to reject the review. Trademark Rejection Review Materials Trademark Rejected Trademark Rejection Application