Then, what if the trademark registration fails and is rejected? Is there no other way but to sigh? Of course not! Depending on the situation, is your trademark still in use? Saving lives? Possibility!
Today, Bian Xiao will tell you the reasons for the rejection of trademarks and how to save these failed trademarks. Dear friends, keep your eyes open and sit in the right place to see if your trademark can still be preserved!
In fact, the trademark was rejected for the following five reasons:
1, others are registered first.
When examining the Trademark Office, the examiner will first compare the existing trademark information in the Trademark Office database and find the same trademark with the same name and category. What is the basis? The principle of applying first? Reject your registered trademark.
Analysis: In fact, many registered enterprises or individuals are prone to suffer losses in this project. Relatively speaking, it is recommended to find a professional organization to review the inquiry in advance, so as not to waste money.
Big move: also based on? The principle of applying first? Whoever has the first announcement period will get it first. Another thing to pay attention to is malicious cybersquatting.
In order to prevent malicious cybersquatting, Article 32 of China's Trademark Law stipulates that the application for trademark registration shall not damage the prior rights of others, nor shall it preempt the registration of trademarks that others have used and have certain influence by unfair means. That is to say, trademark reasons? Someone else registered first? If it is rejected on the same day as the application date of the announced trademark, or if you suspect that your trademark has been registered, you can apply to the Trademark Review and Adjudication Board for a review of the prior right to use the trademark.
The key point of proof is that your trademark has been used in advance and has certain influence. This is very important.
2. Trademark approximation was rejected.
If two trademarks are similar in font, pronunciation, meaning, graphic composition, color, overall structure, three-dimensional shape and color combination, which is easy to mislead or confuse the public, they will generally be regarded as similar trademarks and rejected.
Analysis: Does the Trademark Office think that you are similar to others' trademarks in order to exclude you intentionally or unintentionally? Next to the famous brand? To protect the legitimate interests of other people's trademarks registered successfully in advance. Usually, after professional diagnosis and analysis, the success rate of reexamination is still relatively large.
Big move: trademarks are judged according to the actual situation, and there is no fixed audit standard. According to the classification table of similar goods and services, the Trademark Office examiner will also make a preliminary judgment on whether the applied trademark constitutes similar goods according to the classification table. Generally speaking, the registration of identical or similar trademarks in the same category and group will be rejected because they constitute similar products, but this is not absolute. Therefore, after careful analysis, the probability of rejecting the retrial is still very high. Of course, this requires very professional people.
3. Trademark names are generic names and descriptive words.
Names commonly used in the industry and words that only describe product features cannot be registered as trademarks.
For example: hotels, trademarks, beer and so on.
Analysis: If this kind of trademark can be registered separately, there is no way to protect the legitimate interests of the trademark, because the scope involved is too wide and it also violates the original intention of the establishment of the trademark law. Smart people can (name+common words = trademark).
Big move: Articles 10, 11 and 12 of China's Trademark Law stipulate signs that cannot be used as trademarks. However, examiners may make mistakes in judging these terms. After all, our respected auditor is not a fairy.
For example, article 10, paragraph 7? Deceptive, easy to make the public misunderstand the quality of goods and other characteristics or origin? Article 1 1 Paragraph 1? Only the common name, figure and model of this commodity? Wait, these are very controversial places.
4. The trademark lacks distinctive features.
When the applied trademark is too simple, such as using simple lines and ordinary geometric figures, the examiner will think that the trademark lacks distinctive features and is not recognizable, and will reject it.
Analysis: a registered trademark is a sign that distinguishes it from others and cannot challenge the bottom line of a registered trademark.
Big move: this is actually not difficult. As long as you provide evidence that it has been used for a long time and is different from ordinary marks, you can apply for registered trademark protection.
When the examiner rejects an application for trademark registration on the grounds that the trademark lacks distinctive features, he can put forward a rejection review by proving that the applied trademark has distinctive features. The distinctiveness of a trademark is not absolute. Whether a trademark has distinctive features depends largely on the usage.
In practice, some trademarks have no obvious characteristics after use, and consumers can identify the source of goods or services through them, that is, they have obvious characteristics after use. In this case, the trademark can be registered and protected.
5. Use the sign that registration is not allowed.
The Trademark Law stipulates several signs that cannot be used as trademarks, including People's Republic of China (PRC)'s name, national flag and national anthem. Among them, place names and names or marks that easily mislead the public about the quality and origin of goods cannot be registered as trademarks. If you accidentally use an impermissible mark as a trademark, you will be refused registration.
Analysis: This is understandable. If you think about it with your toes, you can't monopolize the resources of the country.
Big move: the same as the fourth move. The country runs the country according to law, and we can enjoy legitimate rights and interests as long as we have evidence.
Is it clear through the above five reasons?
Article 34 of China's Trademark Law stipulates that if an applicant for trademark registration refuses to accept the rejection of the application and refuses to make an announcement, 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. This is also the legitimate rights and interests given to each applicant by the Trademark Office, which is very fair. A special one passed the examination and trademark office? Confess? .