1. Inevitable blank period: At present, the trademark inquiry can only find the data four months ago. If it is the same as or similar to the trademark registration in the blank period, it will be rejected; (The specific blank period shall be subject to the website inquired by the Trademark Office). Due to objective factors, the data was not entered into the inquiry system, and the internal staff of the Trademark Office could not find it.
The risk of trademark registration can be simply divided into objective risk and subjective risk. The objective risk is caused by the blind area of trademark inquiry. So what is the query blind area? It can be understood that when a person intends to register a trademark, he or his trademark agent should inquire whether anyone has registered the same or similar trademark as the trademark he wanted to register before in the trademark database of the trademark network, but in fact, there is no trademark information in the trademark database for about six months from the time of inquiry.
For a simple example, a person wants to register at 65438+February 1? Coca cola? Trademark, and if another person has applied for registration on August 1? Coca cola? Then you can't find this information when you query it. Is this the so-called? Query blind period? . In fact, the reason for query blindness is very simple. We know that all the information we inquired comes from the trademark database of the Trademark Office, but the existing personnel and equipment of the Trademark Office can't input all the trademark application information of the day into the database, which will delay about half a year. In other words, the trademark application submitted in June may take 65438+February to enter the trademark database, which is the reason for the blindness of trademark query. But don't worry too much about this blind spot. From my experience in trademark examination, the probability of a trademark being rejected due to the blind period of inquiry is about 5%.
Second, it's really bad luck: some trademarks were corrected after being accepted, but the earlier application date was retained, and the Trademark Office failed to enter it into the inquiry system in time, resulting in that it could not be found in the trademark database, and such similar trademarks would also be rejected in the first instance. There are objective factors that cannot be predicted.
3. Well-known trademarks get in the way: apply for well-known trademarks that are not known to the public in a certain industry.
Four. Infringement of one's own trademark: Some applications for trademarks that cannot be used as registered trademarks stipulated in the Trademark Law will lead to rejection, such as the country name and the location of state organs, which can be avoided.
Fifth, the superiority of foreign trademarks: the influence of foreign trademarks applying for trademark priority in China, the application time is earlier than yours, and the domestic data is not updated in time, so it is impossible to find it at present. This is an objective factor.
6. May offend people: Being challenged by others is influenced by others' wishes and unpredictable.
There are two kinds of risks in trademark registration, namely, the risk of rejection review and the risk of objection, which occur in the subsequent procedures of trademark registration. Both of these processes may lead to the successful registration of trademarks or the rejection of trademarks, but it is rare for trademark applications to enter the follow-up procedures.
Vii. Poor popularity: The examiner's subjective judgment error may lead to the rejection of the trademark, which is determined by the personal professional level and mood of the trademark examiner. If the examination results are obviously wrong, the applicant may file a review.
The risk of trademark registration application is subjective. I can avoid this risk indefinitely, but I still can't completely avoid it. Because when examining a trademark, the trademark examiner has roughly the same approximate judgment, significant judgment and prohibition judgment, there are still some subtle differences. When I was a trademark examiner in the Trademark Office, I had a deep understanding of this. There are several trademarks that some people think can be registered and some people think should be rejected. So I dare not say that a trademark will definitely pass the examination. Of course, my judgment is consistent with the final judgment of the trademark examiner in most cases.