Even if a reexamination is submitted for a trademark that is similar to one that is rejected, the success rate is not high. Because trademarks are unique, similar trademarks will disrupt market operations. Trademark is a specialized legal term.
A trademark is a sign used to identify and distinguish the source of goods or services. Any mark that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, etc., as well as combinations of the above elements, can be applied for registration as a trademark .
Trademark registration needs to follow the following principles:
1. The principle of combining voluntary registration and compulsory registration. Most trademarks in my country adopt the principle of voluntary registration. Producers and operators of goods that require the use of registered trademarks under national laws and administrative regulations (mainly cigarettes, cigars, and packaged cut tobacco) must apply for trademark registration. If the registration is not approved, the goods shall not be sold in the market;
2. Principle of distinctiveness, the trademark applied for registration should have distinctive features, easy to identify, and must not conflict with the legal rights previously obtained by others;
3. Principle of trademark legality, applied for registration Trademarks may not use signs prohibited by law. Registered trademarks using place names will continue to be valid. Without authorization, an agent or representative registers the trademark of the principal or represented person in his or her own name. If the principal or represented person raises an objection, the registration will not be granted and the use will be prohibited;
4. When the trademark registration application is reviewed and announced, if two or more trademark registration applicants apply for registration of the same or similar trademark on the same or similar goods, the first application shall be initially reviewed and announced. trademark; if applied on the same day, the previously used trademark will be preliminarily reviewed and announced, and other applications will be rejected and will not be announced;
5. The principle of prohibiting trademark squatting, applications for trademark registration must not be unfair The method is to preemptively register a trademark that has been used by others and has certain influence.
Article 7 of the "Trademark Law of the People's Republic of China" When applying for registration and use of trademarks, the principle of good faith shall be followed.
Trademark users shall be responsible for the quality of the goods on which their trademarks are used. Industrial and commercial administrative departments at all levels should use trademark management to prevent behaviors that deceive consumers.
Article 9 The trademark applied for registration shall have distinctive features and be easy to identify, and shall not conflict with the legal rights previously obtained by others.
The trademark registrant has the right to indicate "registered trademark" or registered mark.