Many applicants panic when they receive the notice of trademark rejection, and feel that their time and effort have been wasted. In fact, there is no need to panic in this situation. At this time, you can first understand why the trademark was rejected.

Actually, the rejection of a trademark is such a thing. The Trademark Office thinks that the applicant's application for trademark registration violates the relevant provisions of the Trademark Law or there are similar trademarks, so it is rejected and will not be examined. Rejection is divided into absolute rejection and relative rejection. So when the trademark registration is rejected, do you want to do a trademark rejection review or re-apply for registration?

In this case, it is necessary to analyze the reasons for the rejection of trademark registration first. For those who absolutely reject it, it is generally not recommended that you waste time and money on re-examination, and it is better to apply again. For trademarks that have the opportunity to be saved, we can apply for a rejection review.

Re-examination of trademark rejection is not recommended:

Violation of the provisions of the Trademark Law prohibiting registration:

1. Article 1 The name of a country, the military symbol, the symbol of an international organization, the Red Cross and the Red Crescent, ethnic discrimination and deception, harmful moral customs and adverse effects, place names related to county-level divisions, etc.

2. Article 11 The common name, figure, model, signs describing the characteristics of goods or services, and signs lacking distinctiveness.

3. restrictive provisions on the registration of three-dimensional marks in Article 12; Article 16 Provisions on the protection of geographical indications, etc.

Re-examination of rejection can be considered:

The reason why the re-examination of rejection is possible is that the trademark rejection was made by the Trademark Office, but the application for rejection of the trademark was made to the Trademark Review and Adjudication Board, and the review standards of the Trademark Office and the Trademark Review and Adjudication Board are different. If it is the following case, there is still a lot of room for manoeuvre.

1. The examination of the Trademark Office is entirely based on the submitted materials and will not consider the actual use of the trademark; And if the reasons for rejecting the review involve the actual use of the trademark, the business jury will consider it.

2. The criteria for judging whether trademarks are similar or not are slightly different between the Trademark Office and the Trademark Review and Adjudication Board: the Trademark Office basically reviews trademarks according to the review criteria, while the Trademark Review and Adjudication Board will consider all aspects.

3. Trademark examination is subjective, and different examiners may get completely different results. Based on the subjectivity of trademark review, it is possible to file a trademark rejection review.

Intellectual property reminds you that trademark registration is inherently risky. No one can guarantee the success of trademark registration. Applicants should not be discouraged when encountering trademark rejection. They can entrust a professional agency to analyze the reasons for trademark rejection and make timely countermeasures.