What is absolute rejection of trademark? Trademark rejection is a common part of the trademark registration process. As the number of trademark registrations increases dramatically, the trademark rejection rate is also increasing. Trademark rejection can also be divided into absolute rejection and relative rejection. Today, Intellectual Property Rights will introduce to you what absolute trademark rejection is.
The so-called absolute reasons for the rejection of a registered trademark refer to the fact that the application for a registered trademark violates the prohibition of registration in the Trademark Law, or the application for a registered trademark violates the distinctiveness conditions stipulated in the law. Therefore, the Trademark Office and made a rejection.
So if the trademark registration is absolutely rejected, can the review be successful?
Trademarks that are rejected for absolute reasons may also be successfully reviewed. Your trademark can definitely be reviewed for trademark rejection, but whether it can be successful depends on the reason for the review. First, you must read the trademark rejection notice. the reasons for rejection, and then combine it with the use of your company’s name.
1. Article 10 of the "Trademark Law" stipulates: Regarding national symbols, names, military symbols, international organization symbols, red crosses, red crescents and other symbols, which are ethnically discriminatory and deceptive , which is harmful to socialist morals and has the potential to expand publicity and cause adverse effects, including place names above the county level and foreign place names known to the public;
2. Article 12 of the "Trademark Law" stipulates: When applying for a three-dimensional mark, the shape is only caused by the nature of the goods themselves, the shape of the goods is needed to obtain technical effects or the shape that makes the goods have substantial value;
3. Trademark Law 11 Article 1: Only the general name, graphics, and model of the product; only directly indicating the quality, main raw materials, functions, uses, weight, quantity, and other characteristics of the product; lacking identification distinctiveness; however, the product has been obtained through use If it has distinctive features and is easy for the public to identify, it can be registered as a trademark;
4. Article 13 of the Trademark Law stipulates: Copying, imitating, and translating others that have applied for registration in China or have not applied for registration protection in China A well-known trademark that is easily misunderstood by others and difficult to identify.
The above is "What is absolute trademark rejection" introduced to you by Intellectual Property Rights. If you have any other questions, please go to Intellectual Property Rights to consult our professional consultants. Having been in the intellectual property industry for many years, we have rich experience and are safe and reliable. Trademark Rejection Review Is the success rate of electronic filing for trademark rejection review high?