Unsuccessful trademark registration in Zhejiang is a frequent phenomenon in the industry. Failure in trademark application will greatly affect and lose enterprises, and time and money will never return. According to different situations, there are various reasons for the failure of trademark registration in Zhejiang. Trademark Network summarizes the following six reasons for the failure of Zhejiang trademark registration:

1. Risk of blind inquiry period

Trademarks should be inquired on China Trademark Network before application, but the trademarks that have been successfully entered or are being approved cannot be inquired, and there is no trademark information about six months before the inquiry in the trademark database, so the trademark information that can be inquired in the trademark database is six months ago, which is the blind inquiry area. Trademark registration follows the ". Although the probability of this situation is very small, the existence of blind spots is irresistible.

2. Trademark violation

The Trademark Law stipulates several kinds of marks that cannot be used for trademark registration, including the name, national flag and national anthem of the People's Republic of China. If a mark that is not allowed is accidentally used as a trademark registration, it will be rejected and not registered. At the same time, due to the rapid development of society, there will be some problems in trademark registration that have not appeared before, and it may be rejected because of the adverse impact on the interests of the public.

3. Lack of distinctive features

Generic brands with generic names cannot be registered as trademarks because the products they involve cover common nouns or names; Applying for a trademark is too simple, such as using simple lines and ordinary geometric figures, the examiner will also think that the trademark lacks distinctive features; It only describes the characteristics of the product, but also lacks obvious characteristics, so it is rejected because it is not recognizable.

4. Objection during the announcement period

There is also the risk of objection in trademark registration, which occurs in the subsequent procedures of trademark registration. After the trademark application has passed the examination of the Trademark Office, it will enter a three-month trademark announcement period, which is also called the objection period. Anyone and any enterprise who has objections to the trademark application can file an objection application with the State Trademark Office within three months, and the result of the objection procedure will also lead to the uncertainty of the final trademark registration.

5. Examiner's subjective judgment

Trademark examination is not a machine examination, but an artificial analysis and judgment by trademark examiners. Although the trademark examiner's judgment on a trademark's approximation, distinctiveness and prohibition terms is roughly the same, there are still some subtle differences. May be due to different levels of knowledge, different understanding of the approximate judgment of trademark law, etc., resulting in different judgment results, examiners' subjective judgment errors may lead to the rejection of trademarks.

6. Collision with foreign trademarks and well-known trademarks

If foreign trademark applies for a trademark in China within six months after applying abroad, it can enjoy priority according to the agreement signed between the foreign country and China or the international treaties to which * * * is a party, or according to the principle of mutual recognition of priority. The collision with a well-known trademark is an application for a well-known trademark that is unknown to the public in a certain industry. This is a risk that can be avoided if the inquiry is not done well.

the success of Zhejiang trademark registration indicates that the enterprise has certain exclusive rights to the trademark, and the income obtained can also better promote the development of the enterprise. Only by applying as soon as possible can the trademark be fully protected by law. At the same time, the risk of trademark registration failure is objective, so trademark applicants should know clearly the procedures of trademark application before applying for a trademark, and do a comprehensive investigation in time to avoid unnecessary losses.