Trademark registration was rejected. Is there any way to get this trademark?
A: There are three main reasons for trademark rejection, namely, the prohibition clause is illegal, lacks distinctive features, and is the same as or similar to the composition of the earlier application or registered trademark. The reasons for rejecting any trademark will not exceed the scope of these three reasons. Article 10 of the Trademark Law stipulates the prohibition clause. The legislative purpose of this article is to prohibit the registration and use of trademarks that may have adverse political, economic and cultural effects. Political adverse effects include endangering national sovereignty, nationality, religion, race and religious beliefs. The bad influence of culture means that it is harmful to socialist morality, such as some obscene or low-style words and graphics; Economic adverse effects include currency and economic-related words and situations that may cause confusion and misunderstanding. The "lack of distinctive features" stipulated in Article 1 1 of the Trademark Law is essentially to compare the trademark with the specific goods and services specified by the trademark. For example, "Apple" is registered as a trademark on 3 1 fruit, but it lacks distinctive features on the 25th category of clothing. "Same as or similar to the earlier application or registered trademark" is easy to understand, but it is also difficult to grasp. The same trademark is easy to judge, but different people have different opinions on approximate judgment. But the trademark is ultimately examined by the examiner, and the examiner's personal judgment standard determines whether a trademark is similar or not. I asked my teacher, an examiner who worked in the Trademark Office for ten years, when I just examined trademarks in September 2008. I asked her what is the standard for judging the similarity of trademarks? I was surprised when she said she had no standards. However, after working in the Trademark Office for two years and examining more than 10,000 trademarks, I have no standards, and neither do my colleagues. However, we almost agree on whether a trademark is similar or not. Whether a trademark is rejected, re-examined or re-applied, the fundamental basis for making a correct choice is to analyze the reasons for the rejection by the Trademark Office. The reason is mastered, and the key lies in analysis.