Trademark rejection
Q: I registered a trademark, and now the trademark agency has informed me that I have received the Notice of Trademark Rejection from the Trademark Office, but I really want this trademark. What should I do? A: Hello, the applicant for trademark registration should find out the reasons for the rejection after receiving the Notice of Trademark Rejection from the State Trademark Office. If you are not satisfied with the reasons for rejection, you should apply to the Trademark Review and Adjudication Board for "rejection review" in writing within 15 days. Whether the trademark is rejected is due to the following prohibitive requirements: 1, and whether the characters, graphics, letters, numbers, three-dimensional signs and color combinations used in the trademark are significant. Whether it violates the prohibitive clauses such as Articles 10, 11 and 12 of the Trademark Law; 2. Whether the trademark applied for registration is the same as or similar to the trademark that has been preliminarily examined and approved by others on the same kind of goods or similar goods constitutes a conflict with the trademark right that has been preliminarily examined and approved by others. That is to say, if the trademark applied for registration is the same as or similar to the trademark that has been preliminarily approved by others: the trademark category applied for registration is the same as the trademark category that has been preliminarily approved by others, and the goods used belong to the same commodity or similar goods, that is, these two conditions must be met at the same time to constitute a conflict with the trademark right that has been preliminarily approved by others. 3. Whether the trademark applied for registration conflicts with the exclusive right to use a previously registered trademark. Similarly, the trademark applied for registration is the same as or similar to the trademark previously registered by others: first, the category of the trademark applied for registration is the same as the category of the trademark approved by others; Second, the goods used in applying for a trademark belong to the same kind of goods or similar goods as those used in others' earlier registered trademarks, that is, as long as these two conditions are met at the same time, it will constitute a conflict of rights with others' earlier registered trademarks (such as trademark infringement in actual use). 4. Whether the registered trademark applied for is the same as or similar to the registered trademark that has been cancelled or revoked for less than one year. Article 46 of the Trademark Law stipulates that a trademark applied for registration shall not be registered if it is identical with or similar to a trademark that has been revoked or revoked for less than one year.