Trademark registration is the prerequisite and condition for the trademark owner to obtain the exclusive right to use the trademark. Only trademarks that have been approved for registration are protected by law. However, trademark registration is very difficult, so how to improve the success rate of trademark registration?
There are tips for registering a trademark. You can take a look at the following content:
The trademark should have a good Name: As we all know, a good brand name can help a company increase its visibility and influence, and can even determine the company's long-term development. However, not all high-end atmospheric names can be registered as trademarks. Articles 10, 11 and other provisions of China’s Trademark Law stipulate that some signs may not be used or registered as trademarks. If an enterprise uses a country name, national emblem, red cross, etc., it shall not be used as a symbol for trademark use, or if the product is registered as a trademark using the common name of the product or a name that lacks distinctiveness, the Trademark Office will not register it after review, and will eventually As a result, the company's trademark registration failed. Therefore, when choosing a brand name, the company should consider whether the trademark is distinctive, original, similar and other professional issues, as well as factors such as the name being pleasant to hear, easy to remember, easy to promote and influence communication.
Approximate queries require caution.
During the trademark registration process, trademark registration failure is the most common reason for failure due to the same or similar trademark registration. Therefore, it is necessary to carefully check trademark similarity before submitting an application for trademark registration.
Enterprises or individuals can log in to the "Zhongxiruan Trademark Trading Network" designated by the Trademark Office or entrust a trademark agency to conduct similar trademark inquiries, query the Trademark Office's trademark registration, understand the current status of the trademark, and prepare to apply for registration of trademarks and other trademarks. Whether there are identical or similar trademarks that have been registered or are being registered. Improving trademarks based on the results of trademark inquiries will greatly reduce the risks of trademark registration, increase the success rate of trademark registration, and avoid double losses of time and money.
Register the combined trademark separately.
China’s Trademark Law stipulates that words, graphics, letters, numbers, three-dimensional logos, color combinations, sounds and other elements can apply for trademark registration. Among them, simply using one of the elements as a trademark application is called a single trademark, and a trademark using a combination of two or more elements is called a combination mark, such as a "text graphic" trademark, an "alphanumeric" trademark, etc. Combination trademarks combine the different characteristics of various elements, with pictures and texts, vivid images, and easy identification. Trademark combinations greatly save the cost of separate registration, so they have been widely recognized and used by enterprises and individuals.
However, combination trademarks also have risks that cannot be ignored. China examines combination trademarks through a single examination of the constituent elements. The words, letters, graphics and other elements that make up the trademark must ensure that they cannot be registered as trademarks of others. Or the trademark being registered is the same or similar in order to pass the review. That is to say, as long as one of the constituent elements is the same or similar, the entire trademark will be rejected, ultimately leading to the failure of trademark registration. Therefore, during the trademark registration process, separate registration of combined trademarks will greatly improve the success rate of trademark registration. The combined trademark applied for registration is very important to a company or individual. You can register the trademark separately or as a whole.
The trademark category should be accurate
Selecting the product or service category is an inevitable part of the company's trademark registration application. China uses the "Classification Table of Similar Goods and Services" to divide goods and services into 45 main categories and several smaller items. Businesses and individuals need to select the category of goods or services as carefully and accurately as possible to clearly define the scope of protection for the goods. If the application type is incorrect, the trademark will not only fail to protect the legitimate interests of enterprises and individuals, but the trademark registration may also fail due to the similarity of the trademarks.
Rejection review must be timely
There are many reasons for trademark registration failure. In addition to the applicant's own subjective reasons, there are many unavoidable reasons in the trademark application process, such as the blind period of trademark search, the subjectivity of trademark review, etc. There are also many situations where companies or individuals have their applications rejected or opposed. However, This does not mean that the trademark must have failed to be registered.
Article 34 of China’s Trademark Law stipulates: “For a trademark that rejects the application or refuses to be published, the Trademark Office shall notify the trademark registration applicant in writing. If the trademark registration applicant is not satisfied, he may Apply to the Trademark Review and Adjudication Board for review within fifteen days of receiving the written notice."
Hope this helps! Hope to adopt it, thank you