The common reasons for trademark rejection mainly include: someone else registered it first; the trademark lacks distinctive features; the trademark is similar and is rejected; the trademark name is a common name or descriptive word; and the use of a mark that is not allowed to be registered.
1. Someone else registered it first
When a trademark examiner conducts a trademark review, he will first search the trademark database. If it is found that the same trademark has been registered multiple times on the same product or similar products, If a person files an application for registration, the company or individual who submitted the application will be rejected based on the "first to apply principle".
This situation is generally caused by the blind period in trademark search, which is an unavoidable objective reason. In addition, there is another situation caused by the negligence of the trademark registration applicant. Some companies or individuals have no experience and are not familiar with the trademark registration process. They do not conduct a similar trademark search before filing an application for trademark registration. As a result, the applied trademark is the same as the successfully registered trademark, and the registration fee is wasted.
2. The trademark lacks distinctive features
When the applied trademark is too simple, such as using simple lines or ordinary geometric figures, the examiner will consider that the trademark lacks distinctive features and does not have Recognizability, and was dismissed.
3. Trademarks that are similar are rejected
The two trademarks are similar in terms of text glyphs, pronunciation, meaning, graphic composition and color, overall structure, three-dimensional shape, and color combination, which may easily confuse the public. If there is misunderstanding or confusion, the trademark will generally be deemed to be similar and rejected.
Generally speaking, when naming a trademark and designing a logo, if you deliberately imitate other brands and have the idea of ??imitating a famous brand, there is a very high possibility that it will be deemed a similar trademark and be rejected. Similarity of trademarks is the most common reason for rejection, and it is also the most likely place for misjudgment, so it should be treated with caution.
4. Trademark names are common names and descriptive words
Names common in the industry and words that only describe product features cannot be registered as trademarks. For example, "apple" cannot be used as a trademark for apples, and "batik" cannot be used as a trademark for cloth.
5. The use of signs that are not allowed to be registered
The "Trademark Law" stipulates several types of trademarks that are not allowed to be registered, including the name, national flag and national anthem of the People's Republic of China. Among the signs used for trademark registration, place names and names or signs that may easily cause the public to misunderstand the quality and origin of the goods cannot be registered as trademarks. If you accidentally use an impermissible sign as a trademark registration, it will be rejected. , will not be registered.
Trademark registration can actually be obtained if the company is willing to do it on its own, but it is time-consuming and laborious. In fact, the editor still recommends that you find a professional and reliable agency to apply for it, and you only need to pay a small fee. The higher fee can help you get it done, and the passing rate will be higher.