What if the trademark registration is unsuccessful?
Trademark registration is not successful, find out the reason. Unsuccessful trademark registration is a common phenomenon in the industry. Then, the reasons for the unsuccessful trademark registration can be summarized as follows: 1. Blind spot for trademark inquiry. An irresistible trademark should be inquired before application. No matter whether the applicant entrusts an agency to inquire or goes to official website of the State Trademark Office, the retrieved data is not the data as of the date of your inquiry, that is, the blind spot for trademark inquiry data. The data of the blind area, one part is the application data being submitted, and the other part is the data that has been submitted to the State Trademark Office, but has not been entered into the query database by the Trademark Office in time; Other data include trademark review, international trademark extension priority, etc. It is precisely because of the lack of data in the above three aspects that the conclusion drawn by the applicant after careful inquiry is not completely accurate. Although the probability of collision between the trademark to be applied and the data of the blind area is very small, the existence and irresistible of the blind area make it uncertain whether the trademark can be registered successfully. Second, trademark examiners have greater discretion and arbitrariness. Trademark review is not a machine review, but a manual analysis and judgment of trademark examiners. Each examiner's knowledge and consideration angle are not exactly the same, so there may be the same trademark in the hands of two different examiners with completely different examination results. Of course, for the examination of trademarks, the State Trademark Office has formulated examination standards to guide and restrain examiners and prevent false refutation. However, the review standard only lists some common review cases for reviewers to learn and refer to. It is impossible to list all the cases in the review standard and explain them one by one. Furthermore, trademark review is a "case review". Considering that the popularity and distinctiveness of each trademark are not exactly the same, even two completely similar cases may produce two completely different examination results. 3. Unpredictable trademark objection procedure After the trademark application has passed the examination by the Trademark Office, it will enter a three-month trademark announcement period, also known as the objection period. Any individual or enterprise that has any objection to the application for the trademark may file an objection application with the State Trademark Office within three months. After the State Trademark Office receives the objection application put forward by the objector, the trademark application enters the objection procedure. The State Trademark Office will make a ruling on whether to approve the registration of the applied trademark within about two years according to the objection reasons and actual situation put forward by the objector. Therefore, the risk of registration failure of any trademark application is objective before the trademark registration certificate is obtained. Moreover, it takes a long time for a trademark to be registered and licensed. Therefore, before applying for a trademark, the trademark applicant should clearly understand the procedures of trademark application, and make some preparations and responses in advance in production and business activities to avoid irreparable losses caused by blind use and publicity.