There is no 100% pass rate for trademark registration. If a company guarantees you a 100% pass rate, then I can tell you with 100% certainty that this is a lie, but we can improve the method. Improve the pass rate of trademark registration.
There is no 100% pass rate for trademark registration. If a company guarantees you a 100% pass rate, then I can tell you with 100% certainty that this is a lie, but we can improve the method. Improve the pass rate of trademark registration.
Looking at the trademark registration situation in the Chinese market, our country's trademark registration has approached saturation, but the number of trademark applications still maintains a strong growth momentum. According to official data released by the Trademark Office, as of the end of 2015, the number of trademark applications in my country reached 2.836 million, once again refreshing the history of trademark applications and ranking No. 1 in the world for 14 consecutive years! After reading these numbers, do you feel excited? However, we also need to pay attention to the reality that rejected trademarks account for nearly 50% of the total number of applications. The so-called rejection is the official fee you pay to the Trademark Office! flower! Got it! A rough calculation shows that more than 1 million trademarks have been rejected! So why was it rejected? How to avoid getting rejected?
Main factors for trademark registration failure
1. The trademarks are identical (your trademark is the same as a registered trademark) 2. The trademarks are similar (your trademark is too similar to a registered trademark) ) 3. Objected (someone objects to the successful registration by the Trademark Office)
The "Trademark Law" stipulates that within 3 months after the preliminary review of the trademark registration application is announced, anyone can file an objection. So what is the reason for the objection? Mainly because of business! mark! close! like! What is special about this link is that the Trademark Office did not detect similarities, but others other than the Trademark Office discovered the similarities. At this time, your trademark will be considered failed. To sum up, the principles of trademark registration include the following points: first-come-first-serve, each is different, and it cannot be similar to a registered trademark!
A few tips for successful trademark registration
As we said before, trademark registration cannot be completely guaranteed to be passed. As for "how to pass", it is actually difficult to say. After all, trademark review is still done by “people” and involves many people’s subjective judgment factors. But from another perspective, since the human factor is involved, we can make inferences in the opposite direction from the human perspective to avoid points that may be rejected, thereby increasing the trademark registration rate.
01
Give your trademark a good name
The so-called good name means: easy to pronounce and easy to remember, easy to spread in the market, originality, distinctiveness, legitimacy . It needs to be down-to-earth and individual, and it must not run into legal red lines.
02
Designing a good trademark logo
To put it simply, it is to be concise and clear, full of beauty, accurate expression of corporate connotation, and rich in applicability and expansion. timeliness (that is, the design of the trademark must be contemporary and durable, and be able to adapt to the trends of the times). Generally speaking, trademarks that meet these characteristics are also unique and have a higher success rate in registration.
03
Complete similar search work in the early stage
Before submitting the registration application, you must log in to the "China Trademark Network" to conduct a systematic trademark similar search, or entrust Trademark attorneys conduct trademark searches to reduce the risk of rejection, increase success rates, and avoid wasting time and money.
04
Separate registration of combined trademarks
Trademark review is based on elements. Elements include: Chinese, English pinyin, graphics, numbers, etc. Before registration, split the elements first and then register them separately. Because when submitting a combined trademark registration, if one element is similar, the trademark will be rejected as a whole; on the contrary, if the elements are split into registrations, one element will be similar, which will not affect the successful registration of other elements.
05
Choose trademark categories carefully
There is an essential tool for trademark registration - the "Classification Table of Similar Goods and Services", which includes 45 major categories and several Small category. The applicant must specify the scope of trademark protection from within, and this scope should try to cover your goods and services.
Here are some examples: ● To sell leather shoes, apply for Category 18 (Leather), and Category 25 (Clothing, Shoes and Hats) ● To open a hotel, apply for Category 43 (Catering and Accommodation Services) ● For an Internet IT company, apply for Category 9 (Computer) Peripheral equipment), and Class 42 (Computer research and services), if the applied categories are incorrect or incomplete, there is a great risk even if the trademark is registered, and it will not receive due legal protection. Or the trademarks may be similar during the trademark registration process, resulting in trademark registration failure.
06
Timely rejection review
If unfortunately, your trademark registration is rejected, don’t be discouraged, because this does not mean that you will be sentenced to The trademark "death penalty". We have one last trick: file for “rejection review” within 15 days after receiving the notice of rejection from the Trademark Office. Maybe after passing the review, the trademark can get a chance to be “reborn”.
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