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Why was the trademark rejected and what were the reasons for the rejection?

Nowadays, more and more people are applying for trademarks, and more and more units are applying, but the pass rate is constantly declining. There is no other reason, because the number of trademark registrations has reached an astounding level. Quantity, during the process of trademark application, many companies often have some cases that do not meet the regulations and are rejected. As competition among enterprises intensifies, people pay more and more attention to the role of trademarks. It is now increasingly difficult to register a trademark. In addition to similar trademarks, the reason of "prone to adverse effects" is also a major reason for the failure of trademark registration. Let’s introduce to you why the trademark registration was rejected?

1. The reasons for trademark rejection are generally divided into three categories:

1. The applied trademark has adverse effects;

2. The trademark is not distinctive;

3. Identical and similar goods or services;

2. Legal provisions for trademark rejection

1. Article 10

The following Logos shall not be used as trademarks:

(1) Those that are identical or similar to the country name, national flag, national emblem, national anthem, military flag, military emblem, military anthem, medals, etc. of the People's Republic of China, and the same The names and logos of central state agencies, the names of specific places where they are located, or the names and graphics of landmark buildings are the same;

(2) Identical or similar to foreign country names, national flags, national emblems, military flags, etc. except with the consent of the government of that country;

(3) Identical or similar to the name, flag, emblem, etc. of an intergovernmental international organization, except with the consent of the organization or if it is not likely to mislead the public;

(4) Identical or similar to the official mark or inspection mark indicating the implementation of control and guarantee, except for authorized ones;

(5) The same as the "Red Cross", The name and logo of the "Red Crescent" are the same or similar;

(6) It is ethnically discriminatory;

(7) It is deceptive and may easily mislead the public. The quality and other characteristics of the goods or the place of origin lead to misunderstanding;

(8) Harmful to socialist morals or have other adverse effects. Place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used as trademarks. However, exceptions are made where place names have other meanings or are part of collective trademarks or certification marks; registered trademarks using place names will continue to be valid.

2. Article 11

The following signs shall not be registered as trademarks:

(1) Only the common name, graphics and model of the product;

(2) Only directly express the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;

(3) Other lack of distinctive features. If the signs listed in the preceding paragraph acquire distinctive features through use and are easy to identify, they may be registered as trademarks.

3. Article 30

Any trademark applied for registration that does not comply with the relevant provisions of this Law or has been registered or preliminarily approved with others on the same or similar goods If the trademarks are identical or similar, the Trademark Office will reject the application and will not publish it.

4. Article 31

Two or more trademark registration applicants apply for registration of identical or similar trademarks on the same goods or similar goods. If the application is made on the same day, the trademark with the first application will be preliminarily reviewed and announced, and the application of others will be rejected and will not be announced.

The above is the relevant content about why the trademark was rejected. Here are the precautions for the trademark rejection review defense. If you have other questions, you can consult intellectual property for more details. Trademark rejection review skills and trademark rejection review considerations