Trademark registration involves certain risks, so the registration may fail. The causes of failure vary widely depending on the situation. So what are the specific reasons for unsuccessful trademark registration?

The trademark itself violates the prohibition clause of the "Trademark Law"

The Trademark Law stipulates the signs for trademark applications. If the trademark stipulates that the trademark cannot be used as a sign, it will be rejected. . Most of these situations can be avoided by yourself during registration.

Trademark registration is late

The "Trademark Law" stipulates that trademark registration adopts the principle of first application, and during the trademark review, newly applied trademarks and trademark databases will be used After comparison, once it is found that an application has been registered for the same goods/services or similar goods/services, the new trademark application will be rejected based on the "first to file principle".

Trademarks are similar

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 cause the public to misunderstand or If there is confusion, it will generally be considered a similar trademark and rejected.

In addition, similar trademarks are prone to misjudgments. When a trademark examiner examines a trademark, the similarity judgment, distinctiveness judgment, and prohibited clause judgment of a trademark are roughly the same, but there are still some Subtle differences. There are often some people who think it can be registered, and some people who think it should be rejected. There are certain subjective factors.

Common names or lack of distinctiveness

Names that are common in the industry and words that only describe product features cannot be registered as trademarks. When the trademark applied for is too simple, it will be considered that the trademark lacks distinctive features and is not identifiable, and will be rejected.

Although many trademarks have not been successfully registered, it does not mean that they have been sentenced to death. In terms of procedures, all trademark applications rejected by the Trademark Office can apply for rejection review to the Trademark Review and Adjudication Board and request a re-examination. Ruling. This is equivalent to giving all trademarks that have been sentenced to "death" a chance to be reborn.

Trademark registration seems simple but is actually very difficult. In order to avoid various risks in trademark registration as much as possible. The editor suggests that it is best to seek professional agency to register as soon as possible. Do not wait until the product is launched on the market before you want to register a trademark. Maybe the trademark you want to register has already been registered by someone else by then.