When you submit a trademark registration application, you must be thinking about successfully obtaining the trademark rights. However, the registration review process is full of thorns, and you may encounter rejection by the Trademark Office. At this time, we have to analyze the reasons for trademark rejection. Intellectual Property has compiled the following content, take a look.
Reasons for trademark rejection
1. The newly applied trademark is similar or identical to the prior trademark
Article 30 of the "Trademark Law" stipulates: "Application for registration If a trademark does not comply with the relevant provisions of this Law or is identical or similar to another person’s trademark that has been registered or preliminarily approved for the same or similar goods, the Trademark Office will reject the application and will not publish it. ”
2. The newly applied trademark contains a common name or lacks distinctiveness
Article 11 of the "Trademark Law" stipulates that the following signs shall not be registered as trademarks:
(1) Only the general name, graphics, and model of the product;
(2) Only directly indicating the quality, main raw materials, functions, uses, weight, quantity, and other characteristics of the product;
< p>(3) Others lacking significant characteristics.3. The newly applied trademark is registered in bad faith
Article 32 of the "Trademark Law" stipulates: "Application for trademark registration shall not damage the existing prior rights of others, nor shall it damage the existing prior rights of others." It is not allowed to preemptively register a trademark that has been used by others and has certain influence by unfair means. ”
4. Newly applied trademarks are likely to have adverse effects
Article 10 of the Trademark Law stipulates: "Signs that are harmful to socialist morals or have other adverse effects shall not be used as trademarks."
5. The subjective tendency of the trademark examiner
Because trademarks are processed manually examination, so the subjective tendency of the trademark examiner will determine whether the trademark is rejected. However, the probability of a trademark being rejected due to the subjective tendency of the trademark examiner is still very low.