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The specific reasons why trademark registration can't be 1% successful:

1. Incompleteness and lag of prior trademark information

The main basis of trademark examination by the Trademark Office is to search all kinds of information in the computer database of the Trademark Office. Because the Trademark Office receives a large number of all kinds of trademark applications every day, and these application materials have to be manually classified one by one and input into the Trademark Office database through scanning, it takes a certain period from the date when all kinds of trademark application documents are received by the Trademark Office to being retrieved from the computer database. This information input period takes as long as 1 ~ 3 months even within the Trademark Office, and generally takes 3 ~ 6 months externally. This is only the basic information of the trademark application itself, which is usually referred to as the query blind area. Moreover, the trademark review information also has the lag and incompleteness of information.

The incomplete and lagging information of prior trademarks may lead to mistakes in trademark judgment in some cases. Even within the Trademark Office, the examiner can't avoid the misjudgment result caused by the lag and incompleteness of this information in his work.

2. Limitations of information sources in active examination

The most complete and reliable information that the Trademark Office relies on in active examination is the trademark registration and application information accumulated by the Trademark Office for many years. Others, such as place names above the county level, certain industries, product information, etc., should be gradually collected and sorted out by the Trademark Office itself, because it is normal for information sources to be passive and lagging behind. For information trademark offices such as patent registration and copyright registration, they don't pay attention at all. Only the obligee can protect his rights and interests through the objection procedure after discovering it in the passive review of the trademark preliminary examination announcement period for three months.

The information sources of the Trademark Office in the implementation of administrative active examination are limited. Many other prior rights and interests can only be solved by passive review during the announcement objection period.

3. Errors caused by subjective and objective differences of examiners

The examination of each trademark registration application is independently completed by each examiner, because different examiners have certain differences in professional scope, knowledge, work experience and sense of responsibility, and the examination results will certainly be influenced by subjective and objective factors. For the same type of case, different examiners and different kinds of examiners may get diametrically opposite judgment results, and the law also gives examiners the discretion to exercise according to their personal understanding in the review process.

Generally speaking, trademark examination is subjective, so it is inevitable that there are differences.

4. The periodicity of national laws, regulations and policies has caused changes in the examination standards.

Since China promulgated the Trademark Law in 1983, the relevant trademark laws, regulations and policies have been in the stage of dynamic development adjustment with the development of market economy and the emergence of new topics, and this dynamic adjustment will still be inherited in a commensurate period of time, which will inevitably affect the examination standards. People who have been in contact with trademarks for a long time should know that most of the trademarks that can be registered according to the past standards are unregistered trademarks now, and also unregistered trademarks in the past, and many of them are registrable now.

in particular, China's administrative regulations and policies, in most cases, often bear the imprint of the times, and change with the changes of time. Therefore, if we don't understand the changes and trends of policies, but look at trademarks and review standards in a static and isolated way, there will be deviations in understanding and judgment.

5. Differences in examination standards of different kinds of goods or services

As the saying goes, "Things are dead, people are alive", which is often appropriate when applied to trademark examination. Because, of course, the trademark law and trademark examination standards seem to be the same scale, but in practice, they can indeed derive ever-changing understanding and application. For a unified trademark, there will be great differences in the ways of identifying trademarks, the degree of attention, the possibility of confusion, etc. in different trade industries, different products and services, different customer groups, different consumption levels, different market channels, different sales targets, different ways of using, different geographical restrictions, etc. Therefore, in the examination of trademark substance, the examination standards of different kinds of goods or services, even on the specific goods of the same kind, can be different. However, the mastery of this standard will be biased, and even examiners sometimes have great differences. The resulting risk of differences is uncertain and inevitable.

6. Risk of objection during the announcement period

According to China's Trademark Law, a trademark applied for registration has a three-month announcement period after it has passed the preliminary examination and approval by the Trademark Office. Within three months from the date of announcement, prior obligees, interested parties and other relevant personnel can raise objections to the trademark according to relevant legal provisions.

during the three-month announcement period, the prior obligee or interested party may raise objections due to the protection of well-known trademarks, registered trademarks, similar trademarks, prior application, etc. In addition, anyone can raise objections to the Trademark Office for reasons such as the trademark is not distinctive. Once the trademark is challenged, it will enter a long objection procedure. After receiving the objection, the Trademark Office will let the applicant reply, and then make a ruling on whether to approve it based on the comprehensive materials. If the trademark office refuses to accept the objection ruling, it can further review the trademark objection until the court proceedings.

Trademark objection is the right given to citizens and enterprises by law. Anyone with basic subject qualification and proper reasons can raise objections. Therefore, in addition to protecting their legitimate interests, trademark objection may also be a means for competitors to compete maliciously. In this regard, the risk of objection during the announcement period is also very great.

that's all we have to say about trademark registration. The above answers are for your reference. I hope I can help you. You are welcome to like us and pay attention to us. Thank you.