Trademark registration always faces different risks. Before approval, because there are no legal subclasses, it can only prevent similar trademark registrations but cannot prevent possible infringement by other companies. So when a trademark is rejected, is it necessary to conduct a rejection review? In fact, trademark rejection is becoming more and more common. When the applicant learns that the trademark has been rejected, he should calmly think about the reasons for the trademark rejection and carefully consider whether a review is necessary.
In fact, in practice, many trademarks have certain design features, but are still rejected. At that time, trademark review is also a review after all. Everyone has different values ??and has a high degree of subjective judgment. There may also be differences in the nature, expertise and contact of the examiners, resulting in different results for the same trademark.
So when a trademark is rejected because of similarity, it can be reviewed. Based on the subjectivity of trademark review, there is a chance of passing the trademark rejection review. The Trademark Office will review based on the submitted information and will not consider the actual use of the trademark. However, in the rejection review, the Trademark Review and Adjudication Board will consider this aspect, so there is still a chance of a successful trademark review.
The trademark was rejected for review. The trademark applied for registration is an unregistered trademark that has been used by the applicant and has a certain reputation. Many people in the market already know the ownership of the applied trademark, and it has uniqueness and relative relation. Moreover, the trademark applied for registration is original to the applicant, has high distinctiveness, is clearly different from the registered trademark, and will not cause confusion or misunderstanding by the public.
The similar factors contained in the trademark applied for registration cannot play a decisive role. The trademark itself is distinctive and can distinguish the source of goods or services, and should be approved for registration. The differences in the constituent elements, distinctive parts, content, etc. between the trademark applied for registration and the prior trademark will not cause confusion among consumers, so they do not constitute similarity. Applicants can also explain in detail the specific differences in various aspects to enhance their persuasiveness.
From this point of view, after the trademark is rejected, it is not a time to despair. It is likely to pass during the review due to its distinctiveness and frequency of use in the market. This also has legal effect, so if possible, it is necessary to conduct a review in the rejected state.