Everyone should know that trademarks in my country are based on the principle of first registration, which means that if the subsequent trademark registration is similar to the previous trademark, it will generally be rejected. Generally, trademark agency platforms do this query. In order to save time and improve the success rate, companies will be advised to change their trademark names for registration, but this is not absolute~
Indeed, there are problems with similar trademarks. , the probability of being rejected will be very high, but we can’t give up all. Today I will teach you how you can still apply for trademark registration under certain circumstances:
1. The applied trademark has been used in advance and has a certain degree of popularity
Some trademarks It has been put into use before application and even has a certain reputation. If a trademark like this encounters similar obstacles, the cost of giving up registration or changing the trademark will be too high! Continued registration may also be rejected, but because it is put into use and has a certain degree of popularity, as long as it does not cause confusion and misunderstanding among the public, the success rate of rejection review is very high.
2. A similar trademark has not been used for three consecutive years
According to Article 49 of my country’s Trademark Law, a registered trademark becomes the common name of the goods approved for use or continues to be used without justifiable reasons. If it has not been used for three years, any unit or individual may apply to the Trademark Office to cancel the registered trademark.
That is to say, if it is found that a previously registered similar trademark has not been used for three consecutive years, you can first apply for the cancellation of the similar trademark and then try to register it again.
3. A trademark that the applicant likes very much
If the trademark you want to register is a trademark name that the applicant has put great effort into and likes very much, and there are no identical trademarks among similar trademarks , you can also try it.