First of all, let's know what determines the success of trademark registration.

the ultimate success is not based on the query results of the agency, nor can we directly obtain the results from the trademark registration query of official website by the Trademark Office! The role of the agency is to search, predict risks and adjust in time before trademark application. Trademark registration is not 1% successful. During the examination, there will be the possibility of unsuccessful due to the difference between national policies and examiners' personal subjective consciousness.

1) The trademark name itself is illegal

The trademark name itself may be prohibited from being registered in violation of the trademark law.

The Trademark Law clearly stipulates some situations that cannot be registered, such as Articles 1, 11 and 12 of the Trademark Law, which clearly list the situations that cannot be registered.

For example,

nonstandard writing

directly indicates the features such as the functions and uses of goods

It is easy to cause adverse effects when used as a trademark

It is easy for relevant consumers to misunderstand the features such as the raw materials of goods

2) Blind period of trademark inquiry

After submitting an application for trademark registration, the staff of the Trademark Office will conduct a formal review. However, the number of trademarks applied for all over the country is huge, and it may be 1-2 months after the application is submitted. This period of time is called blind investigation period. ?

the blind search period is like a fog, in which I don't know how many trademarks can't be searched. So when you submit your application, there may be a large number of trademarks with the same trademark as your application that have already entered the fog of blind search, but you have no way of knowing. Only the trademark with the earliest application time can be finally entered into the system, and the rest will not pass the substantive examination.

3) auditor's subjective factors

In trademark inquiry, the result of inquiry should be approximately compared with the applicant's trademark. In the process of comparison, the applicant, the trademark inquirer of the agency and the examiner of the Trademark Office all have a set of standards and opinions, so there is no absolute standard for the approximation of two trademarks, only a probabilistic judgment. In particular, the similarity of graphic trademarks has greater differences in judgment.

it is up to the examiner to decide whether to issue a notice of trademark rejection. Subjective factors such as the examiner's information, cognitive angle and personal thinking angle determine that the same case will have different review results.

4) After the first trial is passed, the announcement period is challenged

The trademark announcement period is three months, during which anyone in the country can raise objections (such as pointing out that it is similar to a trademark, infringing on an individual's rights and interests, registered trademark, etc.), and the Trademark Office will notify the applicant after receiving the objections. Then the Trademark Office will make a ruling on whether to approve or not based on the comprehensive materials. The judgment either fails to grant registration or fails to grant registration. So maybe the Trademark Office has passed this pass, but it has not passed the third party pass. This factor belongs to the influence of others' wishes and is unpredictable.