1. Others registered first

When conducting the examination, the Trademark Office examiner will first compare the existing trademark information in the Trademark Office database and find that the same name and the same category Trademark, this will reject your registered trademark based on the "first to file principle".

Analysis: In fact, many registered companies or individuals are prone to suffer losses in this regard. Relatively speaking, it is recommended to find a professional agency to review and inquire in advance to avoid wasting money.

Big move: It is also based on the "first to apply principle" whoever has the earlier announcement period gets it first. Another thing to pay attention to is malicious squatting. ?The key point of proof is: your trademark has been used before and has a certain influence. This is very important.

2. Trademark similarity was rejected

The two trademarks are similar in terms of text glyphs, pronunciation, meaning, graphic composition and color, overall structure, three-dimensional shape, and color combination, which may easily confuse the public. If there is misunderstanding or confusion, the trademark will generally be deemed to be similar and rejected.

Analysis: The Trademark Office’s determination that your trademark is similar to that of others is also to exclude you from intentionally or unintentionally “similar to famous brands” and to protect the legitimate interests of other people’s trademarks that have been successfully registered before. Usually after professional diagnosis and analysis, the success rate of review is relatively high.

Big Tip: Trademark similarity is determined based on the actual situation, and there is no fixed review standard. Fill in the product category using the trademark according to the "Classification Table of Similar Goods and Services", and the Trademark Office examiner will also Based on the classification table, a preliminary judgment is made on whether the applied trademark constitutes similar goods. Generally speaking, registration of the same or similar trademark in the same category and the same group will be rejected because it constitutes similar goods. However, this is not absolute, so we After careful analysis, the probability of successful rejection review is still very high. Of course this requires very professional people.

3. Trademark names are common names and descriptive words

Names common in the industry and words that only describe product features cannot be registered as trademarks. For example: hotels, trademarks, beer, etc.

Analysis: If this kind of trademark can be registered separately, there will be no way to protect the legitimate interests of the trademark, because the scope involved is too wide, which also violates the original intention of establishing the trademark law. Smart people can (name common word = trademark).

4. The trademark lacks distinctive features

When the applied trademark is too simple, such as using simple lines or ordinary geometric figures, the examiner will consider that the trademark lacks distinctive features and does not have Recognizability, and was dismissed.

Analysis: A registered trademark is to distinguish it from others, so the bottom line of a registered trademark cannot be challenged.

Big trick: This is actually not difficult. As long as you provide evidence that it is different from ordinary marks after long-term use and is distinctive, you can apply for registered trademark protection.