In recent years, the probability of trademark registration being rejected has increased. As a result, we are faced with a question: What should I do if my trademark application is rejected?

1. Violation of the prohibitive provisions of the Trademark Law

It is difficult to successfully review this reason for rejection, unless our trademark has been approved by the relevant parties (with the Red Cross Patterns should be licensed, those with other country names, names above the municipal level should be allowed, etc.) These should be permitted, obtained in good faith, and proof should be provided to be approved.

After Japan's Kumamoto became popular, a company applied for "Kumamoto" as a trademark, but it was eventually rejected because it involved the name of Kumamoto Prefecture in Japan; a Dutch company's trademark registration with a Dutch trademark in the name was rejected , and then provided a statement (with permission from the relevant government) before the trademark application could be approved.

2. Trademark applications that conflict with prior rights

The chances of such trademark applications being eventually registered are also low unless the prior trademark has not been used for many years (more than three years or exactly For trademarks that have not been used for three years) or cannot provide evidence of use, we can obtain the right to apply for the trademark through "withdrawal of three years". Of course, we can also file an invalidation declaration because the trademark information has not been changed. In this way, we can also obtain the right to apply for the trademark.

In fact, trademark "withdrawal" and invalid declaration are one of the ways to clear obstacles on the road to trademark application. We call them "scavengers". Of course, this takes a relatively long time, so choose these methods carefully. We can also directly obtain trademark rights by purchasing a trademark, but the cost of purchasing a trademark is relatively high, so applicants should be mentally prepared.

3. The trademark is not distinctive

The issue of trademark distinctiveness is actually an important reason for the failure of trademark registration applications. Many applicants apply for trademarks that are recognized for their products. The technical method or common name. For example, the "QLED" applied by LG Company is the technical name used in the manufacturing process of its products; the "mini program" applied by Tencent Technology is the common name of the product.

In this case, we need to submit corresponding supporting materials to prove that the "trademark" has acquired distinctiveness through use and publicity, and can be clearly distinguished by the public from the source of the product or service without causing confusion. However, it is difficult to determine the limit of "extensive use and publicity", so we should try to choose a distinctive trademark before applying for a trademark.

This concludes the three possibilities for what to do if your trademark application is rejected. I hope all applicants will maintain a cautious attitude when applying for a trademark and avoid making common sense mistakes. If you want to buy, sell or transfer trademarks, come to Bajie! Trademark Rejection Review Conditions Trademark Rejection Trademark Rejection Review