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Reasons for refusal of trademark registration

Trademark registration can be rejected for a variety of reasons, and the specific reasons depend on the review and evaluation of the trademark application by the Trademark Registration Office. The following are some common reasons why trademark registration is rejected:

1. Similarity: The trademark is too similar to a registered or applied trademark, which may cause confusion or mislead consumers. The Trademark Registry will conduct a similarity comparison and assessment, and if the trademark is too similar to an existing trademark, the application may be rejected.

2. Descriptive or generic: The trademark is too descriptive or generic to uniquely identify the goods or services related to it. A trademark needs to be sufficiently distinctive and distinctive so that consumers can distinguish it from other trademarks.

3. Failure to meet registration requirements: The trademark application does not meet the registration requirements or procedural requirements of the Trademark Registration Office. For example, the application file is incomplete or the necessary documents and fees are not submitted as required.

4. Violate public interests or moral principles: Trademarks may be rejected if they involve false publicity, obscenity, offensive content or conflict with public interests.

5. Lack of distinctiveness: The trademark lacks sufficient uniqueness or distinctiveness to be distinguished from other trademarks. Trademarks require a certain degree of originality and commercial identity.

6. Conflict with the rights and interests of others: Trademark application may infringe on the rights and interests of others, including others’ registered trademark rights, copyrights, well-known brands, etc. The Trademark Registry will conduct appropriate searches and comparisons to ensure that the newly applied trademark will not conflict with existing rights.

It is important to note that the specific reasons for rejection may vary by country and trademark registry. During the trademark registration process, if a trademark application is rejected, the applicant will usually receive a rejection notice detailing the reasons for the rejection. Based on the guidance provided in the rejection notice, appropriate steps can be taken to resolve the issue, such as filing defense documents or amending the trademark application.

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