This requires analysis based on specific issues. The most important thing is to look at the reasons for trademark rejection. The reasons for trademark rejection are divided into absolute reasons and relative reasons.
Absolute grounds for refusal of trademark registration - prohibitive provisions.
Prohibitive regulations mainly refer to regulations prohibiting the registration of certain signs as trademarks, such as country names, military signs, international organization signs, red crosses, red crescents, ethnically discriminatory, deceptive, and harmful moral customs. and adverse effects, place names related to county-level zoning, etc.; common names, graphics, models related to goods or services, signs describing the characteristics of goods or services, and signs lacking distinctiveness; restrictive regulations on the registration of three-dimensional signs; regarding geography Regulations on logo protection, etc. Trademarks applied for registration that violate the above provisions will be rejected. These provisions are also known as the "absolute grounds" for rejecting trademark registration applications.
Relative grounds for refusal of trademark registration - conflict with prior trademark rights.
The so-called conflict with prior trademark rights mainly refers to the fact that the trademark applied for registration is identical or similar to the trademark that has been registered or preliminarily approved by others on the same or similar goods. This is another factor in rejecting a trademark registration application. This factor is also known as the "relative grounds" for rejecting trademark registration. Therefore, whether the applied trademark is distinctive, whether it violates the prohibitive provisions of trademark registration, whether it is the same or similar to the trademark applied for registration by others, whether it is the same or similar goods as the goods for which others apply for registered trademark, and whether Conflict with other people's prior trademark rights is a determining factor in whether the trademark application will be rejected during substantive examination.
If it is a reason for ban, review is generally not recommended. If it is a relative rejection, a detailed analysis is required.
Legal Basis
Article 3 of the "Trademark Law of the People's Republic of China" Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks and collective trademarks , certification trademark; the trademark registrant enjoys exclusive rights to the trademark and is protected by law. The term "collective trademark" as mentioned in this Law refers to a mark registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization. The term "certification trademark" as used in this Law means that it is controlled by an organization with the ability to supervise certain goods or services and is used by units or individuals other than the organization to certify the origin of the goods or services. , raw materials, manufacturing methods, quality or other signs of specific quality. Special matters concerning the registration and management of collective trademarks and certification marks shall be stipulated by the industrial and commercial administration department of the State Council.