Everyone knows that trademark registration is risky, and when the registered person applies for a trademark, it violates the trademark registration laws and regulations, and the trademark office refuses to register it, which is collectively referred to as rejection. Rejection is also inevitable. We usually analyze the reasons for rejection and then file a review, and there is still a chance to register successfully.

so, what if the trademark registration fails and is rejected? Is there nothing you can do but sigh? Of course not! According to different situations, is your trademark still being used? Save life? The possibility!

Today, Xiaobian will tell you about the reasons why trademarks were rejected and how to save these trademarks that failed to register. Dear friends, open your eyes and sit in the right place to see if your trademark can still be saved!

In fact, trademarks are rejected for the following five reasons:

1. Others registered first

When examining the trademark office, the examiner will first compare the existing trademark information in the trademark office database and find trademarks with the same name and class. 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 agency to review and inquire in advance, so as not to waste money.

big move: also based on? The principle of applying first? Whoever has the first announcement period gets 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 existing 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 cause? Others registered first? When rejected, if it is 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 reexamination of the prior right to use the trademark.

the key point of proof is that your trademark has been used first and has a certain influence. This is very important.

2. Trademark approximation is rejected

If two trademarks are similar in font, pronunciation, meaning, graphic composition and color, overall structure, three-dimensional shape, and color combination, which is easy to mislead or confuse the public, they will generally be recognized as similar trademarks and rejected.

analysis: the trademark office identified you as similar to other people's trademarks in order to exclude you intentionally or unintentionally? Next to famous brands? , to protect the legitimate interests of other people's trademarks registered successfully in advance. Usually, after professional diagnosis and analysis, the success rate of the review is still relatively large.

Big move: Trademark approximation is judged according to the actual situation, and there is no fixed auditing standard. According to the Classification Table of Similar Goods and Service Areas, the Trademark Office examiner will also make a preliminary judgment on whether the applied trademark constitutes a product similarity according to the classification table. Generally speaking, the registration of the same or similar trademark in the same category and group will be rejected because it constitutes a product similarity, but this is not absolute. Therefore, after careful analysis, we reject the probability of successful reexamination. 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, etc.

Analysis: If such trademarks can be registered separately, there is no way to protect the legitimate interests of trademarks, because the scope involved is too wide, which also violates the original intention of the establishment of the Trademark Law. Smart people can (name+common word = trademark).

big move: Articles 1, 11 and 12 of China's Trademark Law stipulate signs that cannot be used as trademarks. However, examiners may make mistakes in judging some of these terms. After all, our respected auditor is not a fairy.

such as article 1, paragraph 7? Deceptive, easy to make the public misunderstand the quality and other characteristics of the goods or the place of origin? Article 11, paragraph 1? Only the common name, figure and model of this commodity? Wait, these are very controversial places.

4. 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 it will be rejected.

analysis: a registered trademark is a sign that distinguishes it from others, so it cannot challenge the bottom line of a registered trademark.

Big move: This is actually not difficult. You can apply for registered trademark protection as long as you provide evidence that has been used for a long time and is different from ordinary marks.

when an examiner rejects an application for trademark registration because the trademark lacks distinctive features, he can file a rejection review by proving that the applied trademark is distinctive. The distinctiveness of a trademark is not absolute. Whether a trademark has distinctive features depends to a great extent on the use situation.

in practice, some trademarks that have no distinctive features can enable consumers to identify the source of goods or services through their use, that is, they have distinctive features after use. In this case, trademarks can be registered and protected.

5. Use of marks that are not allowed to be registered

The Trademark Law stipulates several marks that cannot be used for trademark registration, including the name of the people's Republic of China, the national flag and the 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 the marks that are not allowed to be registered as trademarks, it will be rejected and not registered.

Analysis: This is understandable. If you think about it with your toes, you know that you can't monopolize the resources of the country.

big move: same as the fourth move. The country runs the country according to law, so we can enjoy the legitimate rights and interests as long as we have the evidence.

is it very clear through the above five reasons?

article 34 of China's trademark law stipulates: A trademark that rejects the application and does not announce it? 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 re-adjudication. This is also the legitimate rights and interests given to each applicant by the Trademark Office, which is very fair. A special one through review and trademark office? Confession? .