reason: trademark registration has a blind inspection period of 3-6 months, so there is no 1% explanation. Moreover, after all, it is audited by people, and there will be some human factors in it.
Ways and means to increase the success rate of trademark registration:
1. There is a knack for naming trademarks
As we all know, a good trademark name can help enterprises expand their popularity and influence, and may even determine the long-term development of enterprises. However, not all high-end and high-grade names can be registered as trademarks. Articles 1 and 11 of China's Trademark Law stipulate that marks that are not allowed to be used or registered as trademarks. If an enterprise uses marks that are not allowed to be used as trademarks, such as national names, national emblems, and the Red Cross, or registers the common names of goods or names that lack distinctiveness as trademarks, it will fail to pass the examination of the Trademark Office, which will eventually lead to the failure of enterprise trademark registration.
therefore, when choosing a trademark name, enterprises should not only consider the factors that affect the communication power, such as pleasant name, easy memory and easy publicity, but also consider whether the trademark is distinctive, original and similar, so as to successfully pass the examination of the trademark office and improve the success rate of trademark registration.
2, approximate query should be careful
In the process of trademark registration, trademark registration failure caused by identical or similar trademarks is the most common cause of failure. Therefore, before submitting an application for trademark registration, it is necessary to carefully query the approximate situation of trademarks.
enterprises or individuals can log on to the website designated by the Trademark Office "China Trademark Network" or entrust a trademark agency to make approximate trademark inquiries. By inquiring about the trademark registration of the Trademark Office, they can find out whether the trademark to be applied for registration is the same or similar to the trademark registered or being registered by others, which will greatly reduce the risk of trademark registration, improve the success rate of trademark registration and avoid the double loss of time and money.
3. Separate registration of combined trademarks
China's Trademark Law stipulates that elements including words, graphics, letters, numbers, three-dimensional signs, color combinations, sounds, etc. can be applied for registration as trademarks. Among them, a single trademark is called a trademark application, and a trademark formed by combining two or more elements is called a combined trademark, such as a "text+graphics" trademark. Combinatorial trademarks combine the different characteristics of various elements, and have the advantages of illustrations, vivid images and easy identification. In addition, combinatorial trademarks greatly save the cost of separate registration, so they have been widely recognized and used by enterprises and individuals.
However, Shen Bozhi reminds enterprises and individuals that there are risks that can't be ignored. In China, the combined trademark is examined by a single examination of each constituent element. The words, letters, graphics and other elements that make up the combined trademark must be guaranteed not to be the same as or similar to the trademarks registered or being registered by others before they can pass the examination. That is to say, as long as one constituent element causes the same or similar, the whole trademark will be rejected, which will eventually lead to the failure of trademark registration.
therefore, in the process of trademark registration, the success rate of trademark registration will be greatly improved if the combined trademark to be registered is very important for enterprises or individuals, then the whole combined trademark can be registered as a whole while being registered separately.
4. The category of trademark should be accurate
Choosing the category of goods or services is an inevitable link when an enterprise applies for trademark registration. In China, goods and services are divided into 45 major categories and several minor items by adopting the Classification Table of Similar Goods and Services. Enterprises and individuals need to choose the category of goods or services as carefully and accurately as possible in order to clearly specify the protection scope of the trademark. If the category of application is wrong, not only can the trademark fail to safeguard the legitimate interests of enterprises and individuals, but it is also very likely that the trademark will be similar when registering the trademark, which will lead to the failure of trademark registration.
5. Rejection and re-examination should be timely
There are many reasons for the unsuccessful trademark registration. Apart from the subjective reasons of the applicant, there are also many unavoidable reasons in the process of trademark application, such as the blind inquiry period, the subjectivity of trademark examination, etc. Enterprises or individuals will inevitably encounter the rejection or objection of the application, but this does not mean that the trademark is "hopeless".
article 34 of China's trademark law stipulates: "the trademark office shall notify the applicant for trademark registration in writing of a trademark whose application is rejected or not announced. If the applicant for trademark registration is not satisfied, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice. "
that is to say, procedurally, all trademark applications rejected by the Trademark Office can apply to the Trademark Review and Adjudication Board for rejection and reexamination within the specified date, requesting a new ruling. This is equivalent to giving all trademarks sentenced to "death" a chance to be reborn. Therefore, after receiving the notice that the trademark has been rejected, the enterprise or individual should not regret and sigh, but should prepare for the rejection review in time and do its best to save the trademark!
trademark registration seems complicated, but there are some tricks to be taken. However, if enterprises and individuals are not sure about the relevant laws, regulations, rules and approximate judgments of trademark registration, Xiaozhi suggests looking for a formal and professional trademark agency for consultation or agency. The formal trademark agency has a group of professionals with rich experience, understands the trademark review rules and provides professional advice, which can effectively avoid human error and greatly improve the success rate of trademark registration.