Everyone knows that trademark registration is very difficult because of the high trademark rejection rate. So how high is the trademark rejection rate that makes applicants cry? There is a piece of news circulating on the Internet recently: the trademark rejection rate in 2016 has reached 51.35! Let’s look at the real data and calculate whether the rejection rate is really that high!
1. First look at the number of trademark applications
According to official data released by the Trademark Office, the number of trademark applications in my country reached 3.526 million in 2016, once again refreshing the history of trademark applications, continuously It has held the top spot in the world for 15 years.
Second, look at the number of examinations and rejections
According to official data released by the Trademark Examination Collaboration Center of the State Administration for Industry and Commerce, a total of 3.07 million trademark registration applications were reviewed in 2016 ( 1.046 million trademarks were rejected);
According to the China Industry and Commerce News, the official website of the State Administration for Industry and Commerce, in 2016, the Trademark Office reviewed 2,999,519 trademark registration applications (1,206,907 trademarks were rejected).
Note: It is suspected that the two calculation methods, deadlines, etc. are different.
3. Finally, look at the rejection rate
According to the data from the Review Collaboration Center, the rejection rate: 1.046 million rejections/3.07 million reviews, a rejection rate of about 34;
According to the official website of the State Administration for Industry and Commerce, the rejection rate of China Industry and Commerce News: 1,206,907 rejections/2,999,519 reviews, the rejection rate is about 40.
So, 34, 40, it should be said that the data between 34 and 40 is relatively close to the real trademark rejection rate.
Four. Main factors leading to trademark registration failure:
1. The trademarks are the same (your trademark is the same as a registered trademark)
2. The trademarks are similar (Your trademark is too similar to a registered trademark)
3. Objection (someone objects to the Trademark Office successfully registering you)
Four tips to help you improve your trademark registration success rate :
Tip 1: Give your trademark a good name
First, shut yourself up in a dark room for three days and three nights to think of a name that is easy to pronounce and remember, which is easy to spread in the market and is down to earth. It’s a trademark name that is unique and cannot touch the legal red line. Open your mind wide enough before registering a trademark.
Tip 2: Do a good search for similar trademarks
Before submitting a registration application, entrust a trademark agent to conduct a trademark search to reduce the risk of trademark rejection, increase the success rate, and avoid wasting manpower. , material resources, financial resources, and of course the most important thing is a waste of time.
Trick 3: Split registration of combined trademarks
When registering a trademark that combines images and text, once one element is similar, all is lost; if it is registered separately, one element has Similarity will not affect the successful registration of other elements; and the combined trademarks can only be used in combination and cannot be separated. If the split registration is successful, any element can be used alone or in any combination.
Tip 4: Choose the trademark category carefully
From a defensive perspective, in addition to the category to which the product itself belongs, companies can consider extending the registration of the trademark to other fields: 1 , covering the company's existing business scope; 2. including the company's future business scope; 3. extending to easily confused product categories; 4. categories that have a negative impact on the company.
With more trademark applications, there will naturally be more trademark rejections. As for the trademark rejection rate between 34 and 40, applicants must not be discouraged and leave professional matters to more professionals. If you need someone to do it, find a formal and professional agency to represent you. Even if the application is rejected, the probability of success will be very high through review. I hope the sharing of intellectual property rights can bring you some help.