Under normal circumstances, the Trademark Office will have three results when reviewing trademarks: 1. All applications for the trademark applied for within the scope of all designated goods or services will be preliminarily reviewed and announced; 2. The application for the trademark will be All applications within the scope of all designated goods or services are rejected; 3. Applications for trademark applications within the scope of all designated goods or services are partially rejected. It can be seen from this that it is quite common for trademarks to be rejected during the process of applying for registered trademarks.

In the process of applying for trademark registration, it would be a joy to successfully pass the review and obtain the preliminary approval announcement. However, many people are at a loss when they see their trademarks being rejected. Do you feel that the trademark you want to apply for is sentenced to death and cannot stand up? This is not the case. Yingzhi is here to tell you, what should you do after your trademark application is rejected?

First of all, when you know that your trademark has been rejected, you should pay great attention to several points in time. These points in time will be the deadline for your rights to remedy.

Monday, 15th. 15 days means that you need to apply to the Trademark Review and Adjudication Board for review within 15 days from the date of receipt of the rejection notice.

Two, 9 months. 9 months refers to the entire process from the filing of a rejection application to the Trademark Review and Adjudication Board’s decision on review.

3. Extended by 3 months. The three-month extension means that if there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council.

Secondly, you need to understand the reason why the trademark application was rejected. Only by understanding the reason can you prescribe the right medicine and file a corresponding rejection review application. The main reasons why a trademark application is rejected are as follows:

1. The trademark you applied for registration has been previously registered by someone else

When the Trademark Office conducts a substantive examination, it will Compare the trademark with the existing trademarks in the trademark database. If it is found that the trademark you are applying for registration has been registered by others, your trademark will be rejected according to the "first to file principle", so before submitting the registration application, Trademarks need to be searched and inquired. However, it should be noted that there is malicious squatting. If you suspect that it is malicious squatting, you can use other relief methods.

2. Trademarks were rejected due to similarity

The two trademarks are similar in terms of text glyphs, pronunciation, meaning, graphic composition and color, overall structure, three-dimensional shape, and color combination, which is easy to cause confusion. If the public misunderstands or confuses the trademark, it will generally be deemed to be a similar trademark and rejected.

3. Trademark names are common names and descriptive words are rejected

Names common in the industry and words that only describe product features cannot be registered as trademarks.

4. The trademark lacks distinctive features and is rejected

When the applied trademark is too simple, such as using simple lines, ordinary geometric figures, and a single color, the Trademark Office will consider that the trademark It is rejected because it lacks distinctive features and is not identifiable. However, if evidence of distinctiveness after long-term use can be provided to prove its distinctiveness, that is another matter.

5. Use of prohibited signs

Article 10 of the Trademark Law stipulates signs that are prohibited from being used as trademarks, including the name, national flag, national anthem, Several types of signs, including foreign national flags and military flags, cannot be registered as trademarks. Among them, place names and names or signs that may easily mislead the public about the quality and origin of goods cannot be registered as trademarks.

So, before applying for registered trademark, you must find a professional team to conduct detailed search and research on the trademark you want to apply for registration, understand the risks of registration, and improve the success rate of registration. However, if There is no need to lose heart even if your application has been rejected. Conducting a rejection review and finding the right breakthrough will greatly increase the success rate of the review.

Original article, please indicate the source when reprinting.