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Why is trademark registration not 100% successful?

There are five reasons why a trademark cannot be successfully registered 100% of the time:

1. Objective: blind spot for trademark inquiry;

Check before applying for a trademark If there are identical or similar trademarks, the probability of success is basically zero. Generally speaking, trademark searches can be carried out in advance, but only trademarks that have been issued an acceptance notice or a registration certificate and have been entered into the Trademark Office's computer database can be searched. It usually takes about 1 to 2 months to get the acceptance notice for trademark registration, because it is not known whether there are trademarks that have been registered before but have not been accepted, which results in a blind search area of ??1 to 2 months for trademark registration.

To put it simply, there is a gap between the data in the trademark query system and the actual application time. Basically, trademarks that have been issued acceptance letters and registration certificates can be found, but recently applied trademarks can still be found. Trademarks for which no acceptance letter has been issued are not entered into the database and cannot be queried by anyone.

2. Subjective: Judgment of trademark similarity;

After trademark query, there may be similar trademarks. During the comparison process, the applicant has a personal opinion as to whether the patterns are similar based on his or her wishes. The trademark searcher of the third-party agency also has his or her own judgment based on experience. Finally, the examiners of the Trademark Office also have a set of examination standards. . . Due to differences in experience, knowledge, positions, perspectives, etc., applicants, trademark searchers from third-party agencies, and examiners from the Trademark Office may have inconsistent judgment results.

In fact, there is no absolute standard for whether two trademarks are similar or not, only relative judgments. Generally, the Trademark Office examiners have the strictest standards. It is recommended that when applying, you should pay attention to the opinions of the agency's examiners. Don't take chances and go your own way. You should look at the problem from the perspective of the Trademark Office examiner, otherwise it will be easily rejected;

3 , There are many types of trademarks;

In order to meet the needs of trademark search, review, and management, trademarks are divided into 45 categories according to different goods and services. If you only register the same trademark for one category, then the scope of application of your trademark is this category, and there are risks when it is used in other areas. When applying for a trademark, you also need to provide qualification information such as a business license. It is possible that the category you want to apply for is subject to strict review and does not meet the qualification requirements.

4. The pronunciation and meaning of trademarks are similar;

Trademark registration is becoming more and more difficult. Another reason is that there are countless registered trademarks, and newly registered trademarks cannot be the same as those that have been registered. If the trademark is the same or similar, then the range of new trademarks to choose from will be narrow. In addition, the Chinese language is extensive and profound, and some words have similar meanings or have one or more words that are the same, which will lead to the risk of rejection; for example, "jufenqi" and "zhufenqi", "jufenqi" and "zhufenqi" are synonymous, and most agencies recommend abandoning them and treating them as similar; 5 , Trademark announcement and opposition take a long time;

Trademarks that have passed the review must also undergo trademark announcement, which also involves uncertainties. Because the trademark announcement period is as long as 3 months, during this period, anyone in the country can raise an objection. If someone raises an objection saying that it is similar to his trademark, or infringes his rights, there is a phenomenon of trademark squatting, or he imitates a well-known trademark , playing around with the trademark, etc., then the applicant must submit relevant information and conduct a defense, and the Trademark Office will then evaluate whether to approve it. Once it enters review, there are many uncertainties.