More and more domestic companies are registering English trademarks in order to expand the international market, but the probability of English trademark applications being rejected is also high. What are the reasons for rejection of English trademarks? How can we improve the success rate of English trademark registration? Let’s look down together with intellectual property rights!
1. Trademarks containing country names and famous city names are easily rejected
According to Article 10, Paragraph 1, Items (1), (2) and The provisions of paragraph 2 of Article 10.
Chinese and foreign country names, place names of administrative divisions at or above the county level in my country, or foreign place names known to the public shall not be used as trademarks.
Item (1) and (2) of Article 10, Paragraph 1 of the Trademark Law:
(1) The same as the name of the country of the People’s Republic of China , national flag, national emblem, national anthem, military flag, military emblem, military anthem, medals, etc. that are identical or similar.
And the same as the name or logo of a central state agency, the name of a specific place where it is located, or the name or graphics of a landmark building;
(2) The same as the name of a foreign country, The national flag, national emblem, military flag, etc. are the same or similar, except with the consent of the government of the country.
Article 10, Paragraph 2 of the Trademark Law: 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, except for place names that have other meanings or are part of collective trademarks or certification marks; registered trademarks using place names will continue to be valid.
Therefore, English trademarks containing country names and famous city names will generally be rejected by the Trademark Office citing the above clauses.
2. Trademarks containing negative information are easily rejected
Article 10, paragraph 1 (6) and (8) of the "Trademark Law" stipulates that English words with specific meanings The meaning of a trademark must conform to my country's public order, good customs and socialist moral trends.
Those English trademarks that are low-profile and prone to negative social impact will most likely be rejected by the Trademark Office.
Article 10, Paragraph 1, Items (6) and (8) of the Trademark Law: (6) Ethnicly discriminatory; (8) Harmful to socialist morals or other adverse effects.
3. Similar trademark letter combinations are easily rejected
Because there are only 26 English letters, the letter combinations that can be registered as trademarks are very limited.
It is easy to cause the English trademarks applied by some registrants to be similar to others’ previously registered trademarks and be rejected by the Trademark Office.
To determine whether an English trademark is similar, we mainly look at the following three aspects:
(1) The arrangement and combination of the letters contained;
(2) The Chinese character of the English trademark Meaning;
(3) Whether the style of trademark letter design is significant.
The above is the relevant content about the reasons for rejection of English trademarks. When applying for English trademarks, you can come to Intellectual Property to use similar searches for free to check whether there are similarities in word trademarks and ensure that graphic trademarks do not exist. Approximate situation. At the same time, we can also split the combined trademark into text and graphics to register trademarks separately, which can not only improve the success rate of trademark registration, but also allow us to use the trademark more flexibly in the later stage. Trademark rejection review skills and trademark rejection review considerations