More and more Chinese brands are beginning to enter the international market, and English is a common international language. Therefore, in order to gain exposure to internationalization, many companies are beginning to apply for registered trademarks in English to use their trademarks. Better participate in international market competition.
The number of English trademark applications for registration is increasing day by day, but the number of English trademarks approved for registration by the Trademark Office is very limited. Because these English trademark applications have various problems, the Trademark Office can only reject these English trademarks. . So what are the reasons for rejection of English trademarks? Biaomei will analyze it from three points:
1. The negative connotation of trademarks
The "Trademark Law" stipulates that it is harmful to socialist morals. Or signs that have other adverse effects shall not be used as trademarks, nor shall they be applied for registered trademarks. Therefore, when applying for an English trademark, the applicant needs to pay attention to the meaning of the English trademark and must not apply for a registered trademark with a sign that is low-key and does not conform to my country's public order, good customs and socialist ethics.
Case: In order to enhance the distinctiveness of the trademark and increase its recognizability, someone applied to the Trademark Office to register the trademark "FANCYLADY". "FANCYLADY" is an English phrase with a specific meaning in English. , the phrase means "mistress, prostitute". Obviously this trademark is likely to have negative social impact, so the Trademark Office rejected the trademark registration application.
2. Containing the name of a country or a famous city
The "Trademark Law" stipulates that signs that are identical or similar to foreign country names, national flags, national emblems, military flags, etc., or signs above the county level Place names of administrative divisions or foreign place names known to the public shall not be used as trademarks. Therefore, when submitting an application for English trademark registration to the Trademark Office, applicants need to pay attention to whether the above regulations have been violated.
Case: Someone submitted an application to the Trademark Office for the registered trademark "GENEVALIONS" in Category 25 (clothing, shoes and hats). The Chinese and English "GENEVA" of this trademark is translated as Geneva, and Geneva is a famous tourist city in Switzerland. It has a high reputation around the world and is a foreign place name that is only known to the public. Therefore, the Trademark Office rejected the trademark registration application.
3. The meanings of English trademarks and Chinese trademarks are similar
A trademark is a sign that distinguishes the source of goods or services. Therefore, identical or similar goods or services are not allowed to exist in the same or similar categories. Similar to the trademark, otherwise the trademark effect will be lost. When the Trademark Office examines an application for registration of an English trademark with a specific meaning, it will not only examine the constituent elements of the trademark, but also examine the Chinese meaning of the trademark and whether it is similar to a registered Chinese trademark.
Case: Someone applied to the Trademark Office for the registered trademark "HAWK" in Class 24 (home textiles). "HAWK" means "Eagle" in Chinese. After review, the Trademark Office determined that the trademark and the registered trademark "EAGLE'S" constitutes similarity, so the application for registered trademark was rejected.
The above three reasons for rejection of English trademarks are summarized for everyone based on intellectual property rights. I hope it will be helpful to companies registering trademarks and can serve as a reference for everyone to make China's business develop more Prosperity. Trademark rejection application, trademark rejection review, registered English trademark
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