Trademark registration has legal risks: 1. The incompleteness and lag of online trademark information database retrieval can lead to misjudgment of trademark registration risks, thereby underestimating the risks of registration. Since various trademark applications require a certain period of time from the date they are received by the Trademark Office until they can be retrieved from the computer database, the blind spot for external inquiries is generally 3 to 6 months. Although the time within the Trademark Office is slightly shorter, it cannot be avoided. 2. Limitations of information sources. Since place names, prior rights, industry information, product information, etc. will all affect trademark registration, even if the risk cannot be found in the trademark data, it does not mean that there is no risk in trademark registration. 3. Changes in government review standards will also cause authorization risks. For example, trademark-related laws, regulations and policies will be dynamically adjusted with the development of the market economy and new issues. Such adjustments will inevitably affect the review standards. 4. The risk of subjectivity in the review scale of the examiner. Due to differences in personal understanding, different examiners and different categories of examiners may reach completely opposite judgment results, and the law also gives examiners the discretion to exercise based on personal understanding during the examination process, so this is also Increased uncontrollability of registration risks.

Legal Basis

Trademark Law

Article 22: Applicants for trademark registration shall fill in the categories and categories of goods using the trademark in accordance with the prescribed commodity classification table. Product name, submit registration application. A trademark registration applicant can apply to register the same trademark for multiple categories of goods through one application. Trademark registration applications and other relevant documents can be submitted in writing or in the form of data messages. Article 23 If a registered trademark needs to obtain the exclusive right to use the trademark on goods beyond the approved scope of use, a separate application for registration shall be submitted.