How to check the reasons for rejection of other people’s trademarks? Some time ago, a friend consulted the intellectual property customer service and said that he wanted to know why a trademark had been rejected before. After all, if you know yourself and the enemy, you will never be in danger. So how do you check the reasons for rejection of someone else’s trademark? Intellectual Property is here to answer this question for you.
If a trademark is rejected, a rejection notice will be issued. This notice will be issued to the individual or organization that submitted the application and is not open to the public. In other words, only the party concerned can know the reason for rejection, and no one else can know it.
Of course, if you can get someone else’s rejection notice, you can also check it. So what are the possibilities for trademark rejection?
(1) Trademark search is unfavorable and rejected. Although trademark search is not a legal procedure in the trademark registration process, it cannot be done without it. Trademark search is mainly to check whether the trademark name conflicts with prior rights. Once the same or similar situation occurs, the trademark registration application will be rejected. This kind of incident is not uncommon. To avoid this from happening, you should search carefully when searching for trademarks.
(2) The blind search period leads to rejection. Since it is impossible for the Trademark Office to enter all applications into the system on the same day, we generally query data from 3 months ago, so there is a blind search period in between. , this is inevitable, but the Trademark Office does not care about this.
(3) Violation of mandatory provisions When a trademark violates the prohibited registration and prohibition provisions of the Trademark Law, the trademark will be rejected. For example: Paragraph 1 of Article 11 of the "Trademark Law" stipulates that the following signs shall not be registered as trademarks:
(1) Only the common name, graphics, and model of the product;
(2) Only directly express the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;
(3) Other lack of distinctive features.
There are two ways to check the rejection of other people’s trademarks:
1. If you entrust a trademark agency to handle the matter, a trademark rejection review notice will be issued to the agency; if it is handled by an individual, The Trademark Office will mail it to the individual by registered mail. If you want to check the reasons for rejection of someone else's trademark, you can only obtain a rejection notice.
2. You can check some trademark rejection notices on the official website of the Trademark Office.
The above is "How to check the reasons for rejection of other people's trademarks?" introduced by Intellectual Property Rights. I hope it can be helpful to you. If you have other questions, please go to Intellectual Property Rights to consult our professional consultants.