When you apply to register a trademark, the most worrying thing is that the trademark application will be rejected. Today, Bajie Intellectual Property Trademark Network will introduce to you the reasons why trademarks were rejected and see how much you know.

Reasons for rejecting a trademark

Article 1 - The new trademark is identical or similar to the original trademark.

Article 30 of the New Trademark Law stipulates: “The trademark applied for registration does not comply with the relevant provisions of this Law or is identical or similar to a trademark that has been registered or preliminarily approved by others for the same or similar goods. , the Trademark Office rejected its application. "

The function of a trademark is to help consumers distinguish suppliers of identical or similar goods and services. Therefore, the use of similar trademarks for identical or similar goods and services is not allowed, otherwise consumers will be confused and misunderstood. The most important reason for a new trademark to be rejected is that it is similar or identical to the previous trademark.

Article 2 - Bad faith snatching of trademark applications

Article 32 of the new Trademark Law stipulates: "A trademark registration application shall not damage the existing prior rights of others, nor shall it preempt others" Registering a trademark that has been used by others and has undue influence.”

In recent years, the country has attached great importance to the intellectual property industry from a strategic perspective. Therefore, the intellectual property industry is developing rapidly, and trademark investment has become a hot spot. However, there are also some speculators who snatch other people's trademarks by "exploiting loopholes," "playing tricks," and "taking advantage of the popularity." This is an illegal act that the Trademark Office focuses on cracking down on. Therefore, trademarks suspected of malicious snatching will be rejected by the Trademark Office. .

Article 3 - New trademark applications are likely to have adverse effects

Article 10 of the "New Trademark Law" stipulates: "Trademarks that harm socialist morality or have other adverse effects." , may not be used as a trademark. ”

Trademarks are often used in commercial activities and have a very wide audience. Trademarks have low style and are prone to have adverse effects and undermine social morale.

Article 4 - Newly applied trademarks are prohibited trademarks

Article 10 of the "New Trademark Law" stipulates that the following signs shall not be used as trademarks:

(1) The same name, flag, national emblem, national anthem, The military flag, military emblem, military song, medal, as well as the name, logo, location of the central state agency or the name or figure of the landmark building are the same or similar;

(2) The same as the name or flag of a foreign country The name, emblem or military flag is the same as or similar to the name, emblem or military flag, except with the consent of the government of that country; Except those that mislead the public;

(4) Identical or similar to official marks and inspection marks indicating the implementation of control and guarantee, except those authorized;

(5) Same as " The names and symbols of "Red Cross" and "Red Crescent" are the same or similar;

(6) Racial discrimination;

(7) It is easy for the public to misunderstand the quality or origin of the product , is fraudulent;

(8) It is harmful to socialist morality or has other adverse effects.

Place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used as trademarks. . However, unless the place name has other meanings or is part of a collective trademark or certification mark, the registered trademark using the place name will continue to be valid.

The Trademark Office will basically reject new trademark registration applications that violate the above laws. /p>

Article 5 - The newly applied trademark has a common name or is not distinctive

Article 11 of the "New Trademark Law" stipulates that the following trademarks shall not be registered as trademarks:

(1) The common name, graphics and model of the product;

(2) Directly indicating the quality, main raw materials, performance, use, weight, quantity and other characteristics of the product;

(3) Others without distinctive characteristics.

The common name of a commodity (service) refers to the name of a commodity (service) that is common within a certain range. The common name of a commodity (service) includes commodities (services). ) standard name, common name of goods (services), common names and abbreviations of goods (services).

For example, "Color TV Receiver" is a standard trade name, while "Color TV" is an abbreviation. For example, "bicycle" is the standard name, while bicycle is the common name.

If the new trademark is a common name for goods (services), the Trademark Office will basically reject the trademark registration application. If the new trademark is too simple, such as few words, simple lines, simple geometric figures, etc., the examiner will consider that the trademark lacks distinctiveness, cannot be identified and distinguished, and will reject the trademark registration application.

Article 6 - The subjective tendency of the trademark examiner

Since trademarks are manually reviewed, the subjective tendency of the trademark examiner determines whether the trademark is rejected. However, please believe that the professional quality of the trademark examiner is impeccable. Due to the subjective tendency of the trademark examiner, the possibility of a trademark being rejected is very low. However, don’t be discouraged even if your trademark is rejected. We can file a trademark rejection review depending on the situation and continue to fight for the trademark.