When trademark applicants encounter trademark rejection, most of them choose to give up, and only a few choose to review the trademark. So what is trademark review? What are the methods for applying for trademark review? Reasons for trademark rejection:

01

Absolute reasons

① Violation of Article 10 of my country’s Trademark Law, and national and other marks shall not be registered.

② In violation of Article 11 of my country’s Trademark Law, trademarks that only represent the common name, graphics, models, etc. of goods shall not be registered (those that have acquired distinctive features through use and are easy for the public to identify can be registered as trademarks ).

③ Violate the provisions of Article 12 of my country’s Trademark Law and apply for a three-dimensional mark, which is a shape generated only by the nature of the product itself, a shape of the product that is needed to obtain technical effects or that makes the product of substantial value shape.

④ Violate Article 13 of my country’s Trademark Law by copying, imitating, or translating well-known trademarks that others have applied for registration in China or that have not applied for registration protection in China, which may easily cause misunderstanding to others and make it difficult to identify of.

02

Relative reasons

① Same trademark in the same category.

② Similar trademarks in the same category.

③The trademarks of the same category are partially similar or identical.

④ The same goods in different categories are protected due to factors such as well-known trademarks (the trademark names are the same or similar).

⑤ Similar goods in different categories are protected due to factors such as well-known trademarks (the trademark names are the same or similar).

⑥The application date for the same trademark/similar trademark was later, so it was rejected.

03

Influencing factors

① There is a three-month blind period for trademark inquiries. As far as 2017 is concerned, there were 5.9016 million trademark applications a year, so three There are 1.4754 million trademark applications every month that cannot be searched, so if there are similar or identical trademarks registered earlier than you, you have no way of knowing.

②The current trademark search is conducted by one examiner. Each examiner has different cognition, and the results of the examination will be different, and this difference is also the reason for the different trademark registrations. One of the determining factors.

04

Application conditions

①Original "Notice of Trademark Rejection";

②The Trademark Office mails the "Notice of Trademark Rejection" envelope (the local postmark must be clear);

③Copy of applicant qualifications (business license or ID card);

④Trademark review agency power of attorney;

⑤Copies of all relevant materials, photos, contracts, etc. for the “prominent use” of the applied trademark;