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According to the provisions of Section III of the Trademark Law, registration shall not be granted under the following circumstances:
(1) does not conform to the definition of trademark in the first section of the Trademark Law (see note below);
(2) lack of meaning;
(three) directly describe the characteristics of commodity category, quality and quantity;
(4) It has become the lingua franca in the current language;
(5) Violating social norms and moral standards;
(6) Deception (quality or source of goods/services);
(7) The trademark application is malicious;
(8) contains any marks, portraits, etc. Have a relationship with the royal family;
(9) National flags and national emblems, regional flags of England, Wales, Scotland, Northern Ireland and the Isle of Man, badges of international organizations, military symbols, etc. ;
(10) with the Olympic logo. In addition, other laws and regulations do not allow registration as a trademark. If the British trademark first examines the right, but fails to reject it on this basis, a letter will be sent to the applicant before the announcement, and an announcement will be published to solicit the applicant's opinions on whether to continue the application. If there is no objection from a third party, the application can be successfully registered.
Applicant qualification: Any person or organization that uses or intends to use a trademark in good faith may apply for trademark registration. The applicant who applies first has the right to obtain trademark registration, unless another prior user has the right to organize the applicant to make full use of the trademark through anti-counterfeiting procedures in common law. In addition, the prior user who uses the trademark in a specific area has the right to continue to use the trademark within the original scope.
Application process
1. An application for trademark registration can be prepared and signed by an agent. The application includes the applicant's name, address, nationality and list of designated goods or services.
2. Trademark pattern.
3. If the address of the applicant is not in the UK, the local address in the UK (usually the address of the trademark agent) must be provided.
Application process: the application for trademark registration must be submitted to the registrar and the fee must be paid. The application must state that the applicant or its authorized person is using the trademark on the relevant goods or services, or that the applicant has a good intention to use the trademark. The date of application is based on the date of submission of documents. After receiving the application, the Trademark Registrar will search the previous trademarks to see if the applied trademarks meet the legal requirements. If the registration conditions are not met, the applicant will be notified to make statements or amendments; If the applicant fails to convince the examiner or make corresponding amendments or the applicant's reply exceeds the time limit, the examiner will reject the application for the trademark.
Announcement and objection: When the submitted application is published after preliminary examination and approval, its announcement information can be used for public reference. After the application is published, anyone can raise an objection within the next three months.
Official receiving time: 4 weeks
Time required for registration: 3-6 months.
Registration period: 10 year, counting from the date of registration.
Trademark renewal: the application for renewal shall be submitted before the expiration of registration, or within a grace period of 6 months after the expiration. If submitted within the grace period, additional fees will be paid.