Common reasons for trademark rejection:
1. Rejection due to unfavorable trademark inquiry. Now many trademark registration inquiries are completed by trademark agencies, and the professional level of trademark agencies is different. If you encounter unprofessional or inexperienced agencies, the relative credibility of the inquiry results is very low.
2. The rejected trademark itself is rejected for many reasons, such as non-significance, exaggerated publicity, adverse effects and so on.
3. It is inevitable that the blind period will lead to the rejection of the trademark. The trademark law of our country will reject the trademark that has been applied for after the first application.
To apply for a registered trademark, there are the following conditions:
1. The principle of good faith should be followed;
2. Be responsible for the quality of goods using trademarks;
3. The applied trademark should be distinguishable from other people's goods;
4. Trademarks should be distinctive and easy to identify, and should not conflict with the legal rights obtained by others in advance.
Significance of reexamination:
1. Re-examination is a relief procedure for trademark applicants after trademark rejection, and should not be given up easily on the premise of prior cases and sufficient rebuttal reasons.
2. Re-examination of some cases is delaying time. For example, for some trademarks that have been cancelled or invalid, because a one-year protection period will still hinder the trademarks that are applied for later, the re-examination can delay the trademarks that constitute obstacles, and it will take more than one year to break through the obstacles of these trademarks.
3. The cited similar trademarks need to be analyzed in detail, including the situation of the trademark holder and the use of the trademark, etc. According to the situation, measures should be taken to revoke or invalidate the trademark, but the revocation and invalidation need to be reviewed at the same time, otherwise it may be a wedding dress for others. Even if the revocation and invalidation are successful, there is no guarantee that no third party will re-apply for the trademark earlier than themselves.
4. There is little chance of success in reviewing the terms absolutely prohibited by the Trademark Law, and no application for registration should be made for this type of trademark.
legal basis
Trademark Law of the People's Republic of China
Article 6 Commodities that are required to use registered trademarks according to laws and administrative regulations must apply for trademark registration, and those that have not been approved for registration shall not be sold in the market.
article 7 the application for registration and use of trademarks shall follow the principle of good faith. The trademark user shall be responsible for the quality of the goods in which he uses the trademark. The administrative departments for industry and commerce at all levels shall stop cheating consumers through trademark management.