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Trademark registration failed

Legal Analysis: Common reasons for trademark registration failure:

1. When applying for registration, the trademark uses names that are prohibited from registration by the Trademark Law, and some may cause harm to society. None of the affected words can be registered as a trademark.

2. Those who register trademarks with simple geometric figures or more extensive words will not be successful, because these simple figures and common names cannot reflect the specific characteristics of the product. The trademark lacks distinctiveness.

3. There is a blind search period during the trademark search. The trademarks at this stage cannot be searched by anyone. If your trademark is similar to the trademarks in this stage, then during the review It may also be rejected, resulting in trademark registration failure.

4. After the trademark is initially approved, there is still an objection period. During this period, anyone can object to the trademark application. Once an objection is filed, it may affect the trademark registration. As a result, if the applicant passes the defense, the trademark will be registered; if the defense fails, the trademark will fail to be registered.

5. During the trademark examination process, the subjective factors of the examiner cannot be avoided, because the examiner may obtain different results for a trademark due to differences in knowledge and experience. So, This will result in the trademark being rejected.

Legal basis: "Trademark Law of the People's Republic of China"

Article 8 Any sign that can distinguish the goods of a natural person, legal person or other organization from the goods of others , including words, graphics, letters, numbers, three-dimensional logos, color combinations and sounds, etc., as well as combinations of the above elements, can be applied for registration as trademarks.

Article 9 The trademark applied for registration shall have distinctive features and be easy to identify, and shall not conflict with the legal rights previously obtained by others. The trademark registrant has the right to indicate "registered trademark" or registered mark.

Article 10 The following signs shall not be used as trademarks:

(1) The same as the country name, national flag, national emblem, national anthem, military flag, military emblem, military The same or similar songs, medals, etc., as well as the names and logos of central state agencies, the names of specific places where they are located, or the names and graphics of landmark buildings;

(2) Same as those of foreign countries; The name, national flag, national emblem, military flag, etc. are the same or similar, except with the consent of the government of the country;

(3) The name, flag, emblem, etc. of the intergovernmental international organization are the same or similar, but Except with the consent of the organization or if it is not likely to mislead the public;

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

< p>(5) The same or similar names or symbols as the "Red Cross" or "Red Crescent";

(6) Ethnic discriminatory;

( 7) It is deceptive and can easily cause the public to misunderstand the quality and other characteristics of the product or its place of origin;

(8) It is harmful to socialist morals 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, exceptions are made where place names have other meanings or are part of collective trademarks or certification marks; registered trademarks using place names will continue to be valid.

Article 11 The following signs shall not be registered as trademarks:

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

(2) ) only directly expresses the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;

(3) Other lack of distinctive features.

If the marks listed in the preceding paragraph have acquired distinctive features through use and are easy to identify, they may be registered as trademarks.