Businesses who have not successfully registered a trademark can easily encounter "iron walls" during the trademark registration process. Finding and solving problems is the key to doing things. Today we will take a closer look at why our trademark applications are always rejected.
Trademark applications are always rejected? See if there are any problems in these places
1. There is a blind period in trademark searches
When searching for trademarks on the China Trademark Network, the displayed results are often data from one month ago. Trademarks that are still under review will not be listed in the search results. If the same trademark as yours happened to have been approved recently, and the Trademark Office cannot enter all the trademarks into the system on the same day, you will not be able to query them in time, and this risk is unavoidable.
2. Others have applied for registration first
Trademark registration follows the principle of “first to apply”. If the Trademark Office finds that the same trademark has been filed by multiple people on the same or similar goods, When applying for trademark registration, the application for registration submitted first will be accepted based on the "first to file" principle, and companies or individuals that apply after that will be rejected.
3. Infringement of "prior rights"
my country's Trademark Law stipulates: "Before the applicant for a registered trademark files an application for a registered trademark, others have obtained or enjoyed it in accordance with the law and are subject to the law. The protected rights shall not be infringed. "If you infringe other people's copyright, name rights, portrait rights and other prior rights when applying for trademark registration, the trademark will also be rejected.
4. Similar trademarks
If two registered trademarks are similar in terms of character shape, pronunciation, meaning, graphic composition and color, overall structure, three-dimensional shape, and color combination, it is easy to make the trademarks similar. If the public misunderstands or confuses the trademark, it will generally be deemed to be a similar trademark and rejected. Generally speaking, if you deliberately imitate other brands when naming a trademark or designing a logo, there is a very high possibility that it will be considered a similar trademark and be rejected. Similarity of trademarks is the most common reason for rejection, and it is also the most likely place for misjudgment, so it should be treated with caution.
5. Violation of mandatory regulations
Registered trademarks that violate mandatory regulations include: lack of distinctiveness, exaggerated publicity, adverse effects and many other reasons.
The above is the general analysis of the reasons why trademark applications are rejected. If there are too many setbacks in trademark registration, Bajie Intellectual Property Trademark Network recommends that you directly purchase a high-quality trademark through trademark transactions to avoid delaying your business. The process of business strategy.