In fact, the rejection of the trademark is such a thing. If the Trademark Office considers that the applicant's application for trademark registration violates the relevant provisions of the Trademark Law or has similar trademarks, it shall be rejected and will not be examined. Rejection is divided into absolute rejection and relative rejection. So when the trademark registration is rejected, do you want to do a trademark rejection review or re-apply for registration?
In this case, first of all, it is necessary to analyze the reasons for the rejection of trademark registration. For those who absolutely refuse, it is generally not recommended that you waste time and money to re-apply, and it is best to re-apply. For a trademark that has the chance to be saved, we can apply for rejection and re-examination.
Trademark rejection review is not recommended:
Violation of the provisions of the Trademark Law prohibiting registration;
1, Article 10 deals with country names, military symbols, symbols of international organizations, the Red Cross and Red Crescent, ethnic discrimination and deception, harmful moral customs and adverse effects, place names related to county-level divisions, etc.
2. Article 11 Common names, figures, models, signs and signs lacking distinctiveness that describe the characteristics of goods or services.
3. Article 12 Restrictive provisions on the registration of stereoscopic trademarks; Article 16 Provisions on the protection of geographical indications, etc.
Consider rejecting the audit:
Rejection review is possible because the trademark rejection was made by the Trademark Office, but the application for trademark rejection was made to the Trademark Review and Adjudication Board. The examination standards of the Trademark Office and the Trademark Review and Adjudication Board are different. If so, there is still a lot of room for manoeuvre.
1, the Trademark Office reviews the materials submitted completely, and will not consider the actual use of the trademark; And if the reason for rejecting the review involves the actual use of the trademark, the commercial jury will consider it.
2. The Trademark Office and the Trademark Review and Adjudication Board have slightly different standards for judging whether a trademark is similar: the Trademark Office basically conducts a review according to the review standards, while the Trademark Review and Adjudication Board comprehensively considers all aspects.
3. Trademark examination is subjective, and different examiners may get completely different results. Based on the subjectivity of trademark examination, a trademark rejection examination can be filed.
Intellectual property reminds you that trademark registration is inherently risky. No one can guarantee the success of trademark registration. Applicants should not be discouraged when they encounter trademark rejection. They can entrust a professional organization to analyze the reasons for trademark rejection and make countermeasures in time.