No trademark registration in any country is 100% successful. There are some objective and subjective reasons. If the trademark registration is unsuccessful, the Trademark Office will not refund the money. If your trademark application is rejected by the Trademark Office, you can consider a review. If the review is successful, you can also get a trademark certificate. If you cannot obtain a trademark certificate later, it means that the trademark is invalid and any further use of it will not be protected. Existing risks: Risks of blank period: The current blank period of trademark query is about 5 months, that is, only trademark data from 5 months ago can be found. For example, if someone registered the same trademark one month earlier than you, it cannot be found. Both parties can use it before the trademark certificate is issued. After the trademark certificate is issued to the first applicant, the trademark applied for later will be rejected. The application resulted in the subsequent application for trademark certification being unsuccessful. Risk of objection: The trademark application will be announced about one and a half years after it is accepted, and the announcement period is three months. During this period, anyone who feels that your trademark is similar to others can file an objection. After the applicant receives the objection letter, he can make a defense with sufficient evidence. The Trademark Office can issue a trademark certificate, otherwise the application will be rejected, resulting in unsuccessful trademark certification. Risks of preemptive registration: Preemptive registration of famous trademarks, well-known trademarks, and world brands will also risk the Trademark Office rejecting the application, resulting in unsuccessful trademark certification. Examiners have different judgments on similar trademarks: the knowledge structure and background of trademark examination staff are not uniform, and the subjective analysis and judgment abilities of examiners are different, and their examination results are completely different. The judgment of identical and similar trademarks ultimately depends on The review results of the Trademark Office. Apply for a trademark and create your own brand to improve the success rate of trademark application. The review of graphic trademarks is strict, so it is recommended to create your own design. TM is the abbreviation of TRADE MARK, which literally means "commercial mark" when translated. It is generally called a "trademark", but this "trademark" is different from the registered trademark indicated by R. TM represents an unregistered trademark, and its "subtext" has several aspects: First, this logo is used as a "trademark", not a product name or product decoration, nor an advertising term or modifier, to avoid Extensive use by the public has reduced it to a common name for a certain commodity, thereby losing the distinctive features of the trademark and making it impossible to register it. Second, this trademark is an unregistered trademark. Enterprises can use the TM mark while submitting registration applications and waiting for registration approval, and switch to R after obtaining the exclusive rights to trademarks. When an enterprise uses an unregistered trademark, it can be evidence of the enterprise's "use" of the trademark by marking the TM mark; it can also convey the message that as the creator and user of the trademark, it has prior rights to the trademark and does not want it to be used. into the public domain. R is the mark of "registered trademark", which means that the trademark has been applied for registration with the National Trademark Office and has been reviewed and approved by the Trademark Office to become a registered trademark. R is the first letter of English register. Registered trademarks have the characteristics of exclusivity, exclusivity, and uniqueness. They are exclusively owned by the owner of the registered trademark and are protected by law. No enterprise or individual may use it without the permission or authorization of the owner of the registered trademark, otherwise they will bear infringement liability. If a trademark used by an enterprise has not been registered, there will be several fatal points: 1. The trademark user does not have the exclusive right to the trademark. You can use the trademark, and other enterprises can also use it. This affects the original use of trademarks to distinguish the source and quality of goods, causing confusion among consumers. It also causes the credibility of trademark representatives to be greatly reduced, resulting in serious economic losses. my country’s Trademark Law protects the exclusive right to use trademarks. 2. Once the trademark is preemptively registered by others, the exclusive rights, use rights and exclusive rights of the trademark belong to others, and the person who first uses the trademark cannot use the trademark. Instead, he has to change his name and trademark, resulting in the inability to use the trademark. Estimated losses. my country’s Trademark Law adopts the first-to-file principle. 3. Unregistered trademarks may be identical or similar to registered trademarks in use on the market, resulting in infringement. Because Article 38 of my country’s Trademark Law stipulates that “the use of a trademark without the consent of the registered trademark owner shall constitute an infringement of the exclusive right to use the registered trademark.” What results are unknowable losses (huge compensation fees), etc. Article 52.3 of the Trademark Law. 4. Another thing is that the trademark cannot form an intangible asset of the enterprise, so it cannot enjoy the indefinite benefits brought by using the asset. Registered trademarks are intangible assets that can be mortgaged, transferred and sold. Protect the exclusive rights of trademarks, maintain trademark reputation, and protect the interests of manufacturers and operators.
Own your own trademark to avoid the above possible losses, protect your own interests, and create countless wealth. Guangzhou Huangdao Trademark Agency Co., Ltd. is a trademark agency established in Guangzhou by well-known intellectual property experts and senior lawyers in Beijing. It is a registered trademark agency approved by the Trademark Office of the State Administration for Industry and Commerce and a company approved and registered by the Guangzhou Municipal Administration for Industry and Commerce. Specializing in domestic and foreign trademark registration, change, licensing, transfer, opposition, defense, and review; Hong Kong company registration, overseas company registration, domestic and foreign patent applications, copyright registration and other services.