Common reasons why trademarks are rejected include the following:
1. The trademark has been registered: When applying for a registered trademark, the principle of application for registration comes first. After the applicant submits the application , the examiner will examine whether the trademark has been registered, so it is better to apply for registered trademark as early as possible.
2. Similar trademarks: For some companies or individuals who have no experience in applying for registered trademarks for the first time, they do not conduct a preliminary trademark similarity review when applying for registered trademarks, resulting in the application for registered trademarks being different from successfully registered trademarks. In a similar situation, if the trademark deliberately imitates the brand when naming and designing the logo, and wants to steal the brand's popularity, it is more likely to be regarded as a similar trademark by the prosecutor.
3. Irregular trademark names: Common and customary names in some industries and words that only describe product features cannot be trademarked. Therefore, trademark names and logo designs must also be rigorous. treat.
4. The trademark lacks distinctiveness: If the trademark applied for registration is too simple and has no characteristics and creativity, the examiner will determine that the trademark lacks distinctiveness and is not identifiable, resulting in rejection.
5. Trademarks violate mandatory regulations: Whether you are registering a domestic or foreign trademark, the "Trademark Law" will clearly stipulate that certain patterns and words cannot be used. Therefore, when applying for registered trademark Try to avoid these patterns and words whenever possible.
Relevant laws: Article 10 of the "Trademark Law" The following signs shall not be used as trademarks:
(1) The same as the country name, national flag, national emblem, The national anthem, military flag, military emblem, military song, medal, etc. are the same or similar, and are the same as the name or logo of a central state agency, the name of a specific location where it is located, or the name or graphics of a landmark building;
(2) Identical or similar to the name, national flag, national emblem, military flag, etc. of a foreign country, except with the consent of the government of that country; (3) Same as the name, flag, or emblem of an intergovernmental international organization Identical or similar, except with the consent of the organization or 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 with the authorization Except;
(5) Names and symbols that are the same as or similar to the "Red Cross" or "Red Crescent";
(6) Those with ethnic discrimination;< /p>
(7) It is deceptive and can easily cause the public to misunderstand the quality and other characteristics of the product or its place of origin;
(8) It is harmful to socialist morals or has other adverse effects. Influenced.
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.
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 expresses the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;
(3) Other lack of distinctive features.
If the marks listed in the preceding paragraph have acquired distinctive features through use and are easy to identify, they may be registered as trademarks.
Article 12 When applying for a registered trademark with a three-dimensional mark, a shape that is solely caused by the nature of the goods themselves, a shape of the goods that is necessary to obtain technical effects, or a shape that makes the goods of substantial value shall not be used. register.
Article 16 If a trademark contains a geographical indication of a product, but the product does not originate from the area indicated by the mark and misleads the public, it shall not be registered and shall be prohibited from use; however, if the trademark has been registered in good faith, remain in effect.
The geographical indications mentioned in the preceding paragraph refer to signs indicating that a certain commodity originates from a certain region, and that the specific quality, reputation or other characteristics of the commodity are mainly determined by the natural factors or human factors of the region.
Article 30 If a trademark applied for registration does not comply with the relevant provisions of this Law or is identical or similar to a trademark that has been registered or preliminarily approved by others on the same or similar goods, the Trademark Office shall The application is rejected and no announcement will be made.
Article 31 If two or more trademark registration applicants apply for registration of the same or similar trademarks on the same goods or similar goods, the first applicant shall be preliminarily reviewed and announced. If the application is made on the same day, the previously used trademark will be initially reviewed and announced, and other applications will be rejected and will not be announced.
Article 32: Application for trademark registration shall not damage the existing prior rights of others, nor shall unfair means be used to preemptively register a trademark that has been used by others and has certain influence.