Absolute reasons for rejection of trademark rejection review? In the process of trademark agency practice, the Zizheng Intellectual Property Agency will receive some trademark rejection cases, and at the same time, some friends in the industry often share some trademark rejection cases. The reasons for rejection can be said to be varied and different. Some are the same city place names or have adverse effects and violate legal prohibitions; some are lack of distinctiveness and no trademark recognition; and more are related to previously applied or registered trademarks. There are similar trademarks.

1. Absolute reasons for trademark rejection

1. Trademark bans

Article 10 of the "Trademark Law" stipulates: the same as the name and logo of the relevant country , military symbols, international organization symbols, "Red Cross", "Red Crescent" and other symbols that are the same or similar; are ethnically discriminatory; are deceptive, and may easily cause the public to misunderstand the quality and other characteristics of the goods or the place of origin. It is harmful to socialist morals and promotes publicity and has adverse effects; it is related to place names above the county level or foreign place names known to the public, etc.

2. Prohibited trademark registration

Article 11 of the "Trademark Law" stipulates: only the common name, graphics, and model of the product; only directly indicating the quality of the product , main raw materials, functions, uses, weight, quantity and other characteristics; others lack distinctive characteristics and are difficult for the public to identify. However, if it has acquired distinctive features through use and is easy to identify, it can be registered as a trademark.

Article 12 of the "Trademark Law" stipulates: When applying for registration as a three-dimensional mark, the shape is caused only by the nature of the goods themselves, the shape of the goods is for the purpose of obtaining technical effects, or the shape of the goods has substantial value. of shape.

2. Suggestions after rejection

1. After receiving the rejection notice, a detailed analysis should be made as to whether a rejection review is necessary.

2. If it is judged that the reasons for rejection are not valid, you should apply to the Trademark Review and Adjudication Board for review within 15 days from the date of receipt of the trademark rejection notice (30 days for electronic issuance) to strive for the exclusive right to use the trademark.

3. The facts and reasons for rejecting the review should be combined with the detailed information of the trademark applied for registration, the registration situation of the cited trademark, the judgment of the distinctiveness of the trademark, the judgment of the similarity of the trademarks, etc., based on the law. Support, prove through argument that the reason for rejection is untenable, and submit corresponding evidence.

The above is the relevant content introduced by Shangbiao Intellectual Property regarding the "Absolute Rejection Reasons for Trademark Refusal Review". If you have any other questions about trademark registration, you are welcome to consult our professional consultants.