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What should I do if the trademark registration is rejected and how to avoid it?

Trademark is a prerequisite for branded products to enter online sales platforms such as Tmall and JD.COM, and to be sold in large shopping malls or supermarkets. Therefore, it is essential to enter the e-commerce platform trademark, but sometimes the registered trademark will be rejected, so let's take a look at how to reject the trademark registration.

1. Reasons for trademark rejection:

1. Rejection due to unfavorable trademark inquiry. At present, many trademark registration inquiries are completed by trademark agencies, and the professional level of trademark agencies is different. If you encounter unprofessional or inexperienced agencies, the relative credibility of the inquiry results is very low.

2. The rejected trademark itself is rejected for many reasons, such as non-significance, exaggerated publicity, adverse effects and so on.

3. It is inevitable that the trademark will be rejected during the blind search period, and the trademark law of our country will reject the trademark that has been filed after the application is filed according to the principle of prior application.

second, what should I do if the trademark registration is rejected?

1. Re-examination If the applied trademark is the same as the brand name of the enterprise, then the registration time of the enterprise is earlier than the registration time of the cited trademark. According to the principle of online application, relevant evidence can be provided for legal review. Many people think that a trademark can't be registered successfully if it is rejected. However, many trademarks are also obtained after trademark re-examination, which means that it is difficult to re-examine a trademark, but there is still hope for success.

2. partial reexamination if the applied trademark is similar to several similar trademarks, you can choose to give up the same or similar partial categories and go for reexamination, which will have a much higher possibility of passing.

3. Division+reexamination. When some categories can be registered, some categories can be registered first, and then the right to use them can be obtained, and then the rejected categories can be reexamined in an appropriate way.

4. Put forward the withdrawal of three+reexamination. This method is applicable to the case that the cited trademark has been applied for for three years. If the cited trademark has been registered for three years, the other party can apply for withdrawal of three according to the category of use for three years, and then apply for trademark reexamination after withdrawal.

5. Re-examination+Re-application This method can be used if the applied trademark is in the form of a combination of pictures and texts. If the trademark is rejected because of the similarity of the pattern, the applicant can selectively separate the pattern from the text before applying. At the same time, the approximate part will be reviewed in other ways to obtain the right to use the corresponding category.

the above is the answer to the related content of how to deal with the rejection of trademark registration. Trademark is an effective means to protect the rights of merchants. Small partners who are going to open stores must apply for trademarks in order to protect their legal rights. If you have any other questions, you can consult Intellectual Property for a detailed understanding. Is the success rate of trademark rejection reexamination high?