You should know the reasons for trademark rejection, which are generally divided into absolute reasons and relative reasons.
Absolute reasons mainly refer to the prohibition of trademarks, and the provisions of the Trademark Law prohibiting the use of certain marks as trademarks. For details of this provision, please refer to Articles 10, 11, 12 and 16 of the Trademark Law.
The relative reason why a trademark is rejected is that it conflicts with the prior trademark right. It mainly means that the trademark applied for registration is the same as or similar to the trademark registered or preliminarily approved by others on the same or similar goods. This factor is also called "relative reason" for rejecting trademark registration.
Therefore, whether the trademark application is significant, whether it violates the prohibition of trademark registration, whether it is the same as or similar to the trademark applied by others, whether the goods (or services) that others apply for trademark registration and approval are the same kind of goods or similar goods (services), and whether it conflicts with others' prior trademark rights is the decisive factor whether the trademark application will be rejected in substantive examination.
If it is a prohibited reason for rejection, it is generally not recommended to review. If it is relatively exclusive, it should be analyzed in detail.
This kind of trademark rejection review may also be successful, mainly because the trademark rejection was made by the Trademark Office and the application for trademark rejection was made to the Trademark Review and Adjudication Board. The examination standards of the Trademark Office and the Trademark Review and Adjudication Board are different, mainly in the following aspects:
(1) The examination by the Trademark Office is based entirely on the submitted materials and will not consider the actual use of the trademark; And if the reason for rejecting the review involves the actual use of the trademark, the commercial jury will consider it.
(2) The Trademark Office and the Trademark Review and Adjudication Board have slightly different criteria for judging whether a trademark is similar: the Trademark Office basically conducts a review according to the review criteria, while the Trademark Review and Adjudication Board will consider it more comprehensively.
(3) Trademark examination is subjective, and the results obtained by different examiners may be completely different. Based on the subjectivity of trademark examination, you can apply for trademark rejection examination.
As for the passing rate of trademark rejection review, in addition to specific analysis, it mainly depends on the reasons for trademark rejection and the applicant's correction. More depends on whether the collection of evidence materials is comprehensive, the attribute judgment of the cited trademark, the rich experience of the institution that rejected the review, and the subjective factors of the examiner. Don't be prepared to give up a trademark as soon as it is rejected, especially a trademark that is already in use or important to the enterprise. We must cherish and seize the opportunity of rejection and review, and strive to keep the trademark.
Is the above about the high pass rate of trademark rejection review? If you have any other questions, you can consult Intellectual Property for a detailed understanding.