Recently, a judgment document published by Beijing Court Trial Information Network showed that Jiangxi Naiwan Information Technology Co., Ltd. (hereinafter referred to as Naiwan Company) sued China National Intellectual Property Administration for the rejection of its application for registration of the trademark "Zhazhahui". After the Beijing Intellectual Property Court rejected the lawsuit of Naiwan Company in the first instance, the Beijing Higher People's Court continued to uphold the original judgment in the second instance.

as for the reasons for the rejection, the Beijing intellectual property court held that the trademark violated the provisions of the trademark law that "signs harmful to socialist morality or other adverse effects shall not be used as trademarks" and rejected the appeal of the playful company.

what are the reasons for the rejection of the trademark?

1. The blind inquiry period leads to the unified examination of trademarks. It is impossible for the General Administration of Trademarks to enter all trademarks into the system on the same day, and the data inquired are often three months ago. If the trademark that the applicant wants to inquire about is applied for a week ago, it can't be inquired at this time, and this risk is inevitable.

2. Others have applied for registration first

When the Trademark Office examines a trademark, it first searches the database for the trademark. If it is found that the same trademark has been applied for trademark registration by many people on the same kind of goods or similar goods, the enterprise or individual who applied after the application will be rejected according to the principle of "earlier application".

3. Infringement of "prior rights"

China's trademark law stipulates: "Before an applicant for a registered trademark files an application for a registered trademark, the rights that others have legally obtained or enjoyed and protected by law shall not be infringed." If the prior rights of others such as copyright, name right and portrait right are infringed upon when applying for a registered trademark, the trademark will also be rejected.

4. Trademark approximation is rejected

If two trademarks are similar to each other in font, pronunciation, meaning, graphic composition and color, overall structure, three-dimensional shape and color combination, which is easy to mislead or confuse the public, they will generally be recognized as similar trademarks and rejected. Generally speaking, in trademark naming and logo trademark design, if you deliberately imitate other brands and have the idea of being next to famous brands, it is very likely that you will be recognized as an approximate trademark and rejected. Trademark approximation is the most common reason for rejection, and it is also the most prone to misjudgment, so it should be treated with caution.

5. Violation of compulsory regulations leads to

violation of compulsory regulations of trademarks, including: no significant, exaggerated publicity, adverse effects and many other reasons.

6. Adverse trademark inquiry leads to

From the current situation of trademark registration, most trademarks are completed through agencies. The professional level of agencies varies, and it is easy for unprofessional or inexperienced agents to reject trademarks because of unfavorable inquiry. Therefore, when choosing a trademark agency, comparative service is the most important. The trademark was rejected. The trademark was rejected for retrial.