Some agents may always tell trademark registration applicants "risks", "policy risks" or even "dark areas", but they cannot tell what the possible risks are and where they come from. Be careful to leave yourself a way out. This is a typical performance of an agent who has a short period of time and weak professional ability, but still has a sense of responsibility. Because although he or she does not know what the risks are, he or she knows their inevitability and does not want to deceive customers.
Although there are many risk factors in trademark registration, from the perspective of their causes, we summarize them into two basic types: 1. Unpredictability risk; 2. Predictability risk.
The risk of unpredictability refers to the loss of data due to limitations of technical means, adjustments to national trademark policies, legal responsibilities and authority, work negligence due to poor management, and unexpected computer failures. and other risk factors arising from unexpected events, etc. The characteristics of this type of risk are individual, accidental, sudden, and irregular, but at the same time it is also small. If one of these risk factors appears in large quantities and for a long time, and appears regular, it may turn into a predictable risk.
The risk of predictability refers to the difference in the review of trademarks on absolute grounds (legality and distinctiveness), the differences in review of trademarks on relative grounds (identity and similarity), and the differences in the review of different goods or services in different industries. Differences, differences in trademark review and circulation cycles, possible risk factors arising from other prior rights and interests, trends in trademark review policies, etc. This type of risk is characterized by being large and common, dynamically changing and regular, and therefore has a certain degree of predictability. However, such factors involve a wide range of factors and require a wealth of legal theoretical knowledge, years of practical trademark experience, and profound comprehensive experience, which are accumulated bit by bit, just like weather forecasts.