I often hear people ask, what should I do if my trademark has been rejected and I have already produced products? Do you want to apply for division? In fact, you don’t have to worry if you encounter a partial rejection. If only part of the trademark application is rejected, you can first look at the rejected parts before making a decision.
1. If the trademark is rejected, what should I do if the product has already been produced?
First of all, after the trademark has received the acceptance notice, the TM mark should be added to the brand packaging to indicate that the trademark has been applied for, so that consumers can realize that the trademark has been registered.
Secondly, you need to purchase a similar trademark as a backup to prevent trademark rejection. You can change the trademark in time to continue production investment.
2. The circumstances under which a trademark is rejected are as follows:
1. A large number of malicious registration behaviors that rush to register public resources and disrupt the order of trademark registration;
A large number of trademark applications that preemptively register common names, industry terms, etc. with the intention of improperly occupying public resources will be rejected. For example, the trademark hoarding incident shocked the trademark circle. A certain company hoarded tens of thousands of trademarks in half a year, and the number of trademarks surpassed that of the large enterprise Tencent and Baidu!
2. A large number of imitations, preemptive registration of other people’s well-known trademarks or other well-known trademarks, and malicious registration behaviors that disrupt the order of trademark registration.
We will reject applications that maliciously cling to other people’s goodwill and rush to register higher-profile trademarks. For example, many people recently tried to attract Tencent’s attention with the face-covering smile emoticon trademark, WeChat Home trademark, and WeChat Yeah trademark. , all of which have been opposed by Tencent, or are on the way to be opposed. In addition, Tencent sued the company with the "WeChat Food" trademark, demanding a compensation of 50 million yuan.
3. A large number of applications for the names of well-known people, trade names of well-known enterprises, etc. are malicious registration behaviors that clearly infringe on the prior rights of others and disrupt the order of trademark registration.
Finally, if your trademark has not been vigorously promoted, it is recommended not to invest too much in advertising, because it is very likely that your trademark has not yet been approved and is favored by a powerful company and proposes a trademark. If you object, the trademark is often worth the loss.
For various reasons, a trademark is easily threatened before it obtains a registration certificate. Enterprises should try not to invest before obtaining a trademark registration certificate. Only after obtaining the registration acceptance notice can you receive more effective legal protection.
Of course, if the enterprise has already used the registered trademark, it is very likely that the registration will eventually fail, so it is best to purchase a trademark in advance and use it for the production and sales of another trademark brand. In this way, even if Once the trademark is registered, you will not suffer much financial losses. Trademark Rejection Review Materials Trademark Rejection Application