Will I be notified if my trademark is rejected? For a trademark that rejects the application or refuses to be announced, the Trademark Office shall notify the applicant in writing. This is divided into trademark rejection and partial trademark rejection. "Trademark Law" "If it is identical or similar to another person's registered or preliminary approval trademark on the same or similar goods, the Trademark Office will reject the application and will not publish it." Therefore, if a trademark is rejected, you will receive a notice. Next, Intellectual Property will introduce to you other aspects of trademark rejection.
What kind of trademarks will be rejected?
First of all, the Trademark Review and Adjudication Board based on the newly revised "Trademark Law of the People's Republic of China" and "Trademark Law Implementation Regulations" and the "Trademark Review Rules" to conduct trademark review work. Usually, the trademark examiner will make a judgment based on the following situations:
1. First-to-file principle
When conducting a trademark examination, the trademark examiner will first search in the trademark database. If it is found that the same trademark has been applied for registration by multiple people on the same product or similar products, based on the "first to apply" principle, the enterprise or individual who submitted the application will be rejected.
2. Whether they are similar to others
The two trademarks are similar in glyphs, pronunciations, meanings, graphic compositions and colors, and overall structures, which may easily cause misunderstanding or confusion among the public. , will generally be considered as a similar trademark and rejected.
3. Common names and descriptive words
Names common in the industry and words that only describe product features cannot be used as trademarks, such as "Apple", "Supermarket", "power bank".
4. Names and signs prohibited by national laws
The "Trademark Law" stipulates that several types of names, including the name, national flag and national anthem of the People's Republic of China, cannot be used as trademarks. Among the signs used in trademark registration, place names and names or signs that may easily mislead the public about the quality and origin of the goods cannot be registered as trademarks. If you accidentally use an impermissible sign as a trademark registration, it will be rejected. Registration will not be granted.
FAQ: Is the success rate of trademark rejection review high?
Will I be notified if my trademark is rejected? Through the introduction, we can know that for trademarks that reject applications and will not be announced, the Trademark Office should notify the applicant in writing. If you have any other questions, please go to Intellectual Property Rights to consult our professional consultants.