1. Trademark violation application

The Trademark Law stipulates that several marks that cannot be used as trademarks, including People's Republic of China (PRC)'s name, national flag and national anthem, will be rejected and not registered if they are used as trademarks carelessly. At the same time, due to the rapid development of society, there will be some problems in trademark registration that have not appeared before, which may be rejected because of the adverse impact on public interests.

2. Lack of unique characteristics

Generic name Generic brand cannot be registered as a trademark, because the products involved cover common nouns or names; Applying for a trademark is too simple, such as using simple lines and ordinary geometric figures, and the examiner will think that the trademark lacks distinctive features; It only describes the characteristics of the product and lacks obvious characteristics, so it is rejected because it has no recognition.

3. The announcement period was questioned.

There is also the risk of objection in trademark registration, which occurs in the follow-up procedure of trademark registration. After the trademark application is examined by the Trademark Office, it will enter a three-month trademark announcement period, also known as the objection period. Anyone and any enterprise who has any objection to the trademark application can file an objection application with the State Trademark Office within three months, and the result of the objection procedure will also lead to the uncertainty of the final trademark registration.

4. The examiner's subjective judgment

Trademark review is not a machine review, but a manual analysis and judgment of trademark examiners. Although the trademark examiner's judgment on the similarity, distinctiveness and prohibitive terms of a trademark is roughly the same, there are still some subtle differences. It may be due to different levels of knowledge and different understandings of approximate judgment of trademark law. , leading to different judgment results, the examiner's subjective judgment error may lead to the rejection of the trademark.

5. Crash with foreign trademarks and well-known trademarks

If foreign trademark applies for a trademark in China within six months after applying abroad, it can enjoy priority according to the agreement signed between the foreign country and China or the international treaty to which * * * is a party, or according to the principle of mutual recognition of priority. The collision with a well-known trademark is an application for a well-known trademark that is not known to the public in a certain industry. This is an avoidable risk if the inquiry is not done well.

6. Trademark approximation

Both word mark and graphic trademark registration will encounter similar problems more or less. Among them, there are similarities in glyphs, pronunciations and word meanings. The composition, coloring and appearance of graphics are similar; Or the overall arrangement and combination mode and appearance are similar after the combination of characters and graphics; Faced with this situation, the best solution is to make an approximate inquiry before trademark registration. Whether it is a word mark or a graphic trademark, a good inquiry can avoid registration failure due to similar reasons.