Trademark registration will never have a success rate of 100%, and no one can guarantee that it will be approved for registration, which is determined by the objective law in trademark registration.
The reasons why the trademark cannot be successfully registered 100% are as follows:
1, trademark query blind area
Before registering a trademark, make an inquiry to avoid the same or similar trademarks, which can improve the success rate of registration to a certain extent. However, the data in the query system will always be half a beat slower than the actual application. Although the application information that has issued the acceptance notice can basically be found, the trademark that has not issued the acceptance notice in the recent application (that is, the application information is not entered into the trademark database) cannot be found. Affected by the data entry time of the Trademark Office, the blind search period is about 6 months. If in the blind period, even if someone applies for the same trademark as you first, it will not be found, which is risky.
2. Judgment of trademark similarity
When inquiring about trademarks, the inquiry results should be compared with the applicant's trademarks. In the process of comparison, due to different knowledge, experience and angles, the views of applicants, agencies and examiners of the Trademark Office are not completely consistent in many cases. There is no absolute uniform standard for the approximation of two trademarks, only a probabilistic judgment. Generally speaking, the order of the three views is: Trademark Office Examiner >; Institutional inquirer > applicant. Of course, we should pay full attention to the opinions of the agency when applying for a trademark.
3. Trademark announcements and objections
Even if the registered trademark passes the examination of the examiner and the trademark is announced, there is still uncertainty. The trademark announcement period is three months, during which anyone can raise objections (such as pointing out that it is similar to a trademark, infringing on personal rights and interests, squatting, etc.). ). After receiving the objection, the Trademark Office will let the applicant reply, and then make a ruling on whether or not to approve according to the comprehensive materials.
4. Self-aggression
If the trademark applied for registration cannot be used as a symbol stipulated in the Trademark Law, the trademark application will be rejected, which is a self-avoiding factor.
5. Crash with foreign trademarks or well-known trademarks.
Anyone who applies for a trademark in China within six months after applying for a trademark abroad may enjoy priority according to the agreement signed by the foreign country or the international treaty to which the foreign country is a party, or according to the principle of mutual recognition of priority. Therefore, this half year is also a blind spot. If you encounter an approximate trademark with such priority, the trademark you applied for registration will be rejected directly. However, if a trademark applied for registration conflicts with a well-known trademark, it will be rejected directly, and this mistake should be avoided as much as possible.
Although the success rate of trademark registration is not 100%, the applicant need not worry too much. The blind period of trademark inquiry is inevitable, but other aspects can be improved or avoided.
trade mark registration