(1) objective risks
Objective risks are also the blind period of trademark inquiry. Blind period means that after the applicant submits an application for trademark registration to the Trademark Office, it takes the Trademark Office about 2-4 months to scan, input, divide graphic elements, classify goods and services, and make financial reconciliation for each application document, and then the information can be found in the official website of the Trademark Office. As a result, there is always a blank period of 2-4 months when querying a trademark, so as long as there is a blank period, the trademark will not be 1% successful.
even if the trademark is approved in the first instance, it will need to enter a three-month announcement period. After the announcement expires, the trademark will be registered successfully. During the announcement period, if the public thinks that the trademark passed in the first instance violates the provisions of the Trademark Law or relevant laws and regulations, or infringes on their own rights and interests, they can raise an objection to the trademark office. If the trademark office decides that the objection is established, the trademark will be invalid.
(II) Subjective risks
The Trademark Law has restrictions on the prohibition of registration and use, and the trademark agent will make an inquiry and analysis of the applied trademark according to the Trademark Law and the Trademark Examination Regulations to determine whether the pass rate is high.
Different trademark agents often have different judgments and understandings of the same trademark due to their rich or insufficient experience in query and analysis, thus giving different results. However, different trademark office examiners sometimes have different understandings of the same trademark, and the results will be far from each other, which leads to a lot of luck in trademark examination.